| Cornell v County of Monroe |
| 2018 NY Slip Op 00730 [158 AD3d 1153] |
| February 2, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Marlene Cornell, as Administrator of the Estate of Samuel
Condello, Deceased, Respondent, v County of Monroe, Appellant. (Appeal No. 2.) |
Michael E. Davis, County Attorney, Rochester (Matthew D. Brown of counsel), for defendant-appellant.
David L. Murphy, PC, Rochester (David L. Murphy of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered October 25, 2016. The order granted defendant's motion for leave to reargue its prior motion for partial summary judgment dismissing the first and second causes of action and, upon reargument, adhered to its determination denying that motion.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Cornell v County of Monroe ([appeal No. 1] 158 AD3d 1151 [2018]). Present—Whalen, P.J., Centra, DeJoseph, NeMoyer and Winslow, JJ.