Harris v City of Buffalo (2016 NY Slip Op 08791)

Harris v City of Buffalo

2016 NY Slip Op 08791 [145 AD3d 1646]

December 23, 2016

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2017

[*1]

Nakita Harris, Individually and as Parent and Natural Guardian of Myra Harris, Appellant,
v
City of Buffalo et al., Respondents.

James P. Davis, Buffalo, for plaintiff-appellant.

Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 5, 2015. The order granted the motion of defendants for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court (see Brandy B. v Eden Cent. School Dist., 15 NY3d 297, 301-303 [2010]). Present—Whalen, P.J., Smith, Carni, DeJoseph and Curran, JJ.