| Board of Educ. of Palmyra-Macedon Cent. Sch. Dist. v Flower City Glass Co., Inc. |
| 2018 NY Slip Op 03057 [160 AD3d 1500] |
| April 27, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Board of Education of Palmyra-Macedon Central School
District, Respondent, v Flower City Glass Co., Inc., et al., Appellants, et al., Respondent. (Appeal No. 2.) |
Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. Dipalma of counsel), for defendants-appellants.
Costello, Cooney & Fearon, PLLC, Syracuse (Nicole Marlow-jones of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Wayne County (Matthew A. Rosenbaum, J.), entered December 5, 2016. The order, among other things, denied in part the motion of defendants-appellants to dismiss plaintiff's complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Board of Educ. of Palmyra-Macedon Cent. Sch. Dist. v Flower City Glass Co., Inc. ([appeal No. 1] 160 AD3d 1497 [4th Dept 2018]). Present—Smith, J.P., Centra, Carni, Curran and Troutman, JJ.