| Beck v City of Niagara Falls |
| 2019 NY Slip Op 03262 [171 AD3d 1573] |
| April 26, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Daniel J. Beck et al., Respondents, v City of Niagara Falls et al., Defendants, and Niagara Falls Water Board, Appellant. |
Motion for reargument be and the same hereby is granted to the extent that, upon reargument, the memorandum and order entered February 8, 2019 (169 AD3d 1528 [2019]) is amended by deleting the third sentence of the memorandum and substituting the following sentence: "Plaintiffs allege that the Niagara Falls Water Board (defendant) was responsible for the care and maintenance of the area on Simmons Avenue where the incident is alleged to have occurred." Present—Whalen, P.J., Centra, Peradotto, Curran and Winslow, JJ.