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SPENCE v. KITCHENS

731 CA 21-01599.

210 A.D.3d 1416 (2022)

178 N.Y.S.3d 338

2022 NY Slip Op 06355

Kenneth Spence, Appellant, v. Christopher Kitchens et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 10, 2022.

Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, HAMBURG (JOHN T. RYAN OF COUNSEL, FOR PLAINTIFF-APPELLANT.

PENINO & MOYNIHAN, LLP, WHITE PLAINS (MELISSA L. VINCTON OF COUNSEL, FOR DEFENDANT-RESPONDENT CHRISTOPHER KITCHENS.

LIPPMAN O'CONNOR, BUFFALO (KEVIN M. O'NEILL OF COUNSEL, FOR DEFENDANT-RESPONDENT EDEN EMERGENCY SQUAD, INC.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered October 22, 2021. The order, among other things, determined that defendant Christopher Kitchens was operating an authorized emergency vehicle at the time of the subject accident and denied the cross motion of plaintiff for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the first ordering paragraph and...

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