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NICHOLAS T. v. TOWN OF TONAWANDA

1013 CA 21-01454.

213 A.D.3d 1333 (2023)

183 N.Y.S.3d 657

2023 NY Slip Op 00784

Nicholas T., as Parent and Natural Guardian of R.D., et al., Appellants, v. Town of Tonawanda et al., Respondents, et al., Defendants.

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

FEROLETO LAW, BUFFALO (JILL WNEK OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

WALSH, ROBERTS & GRACE, BUFFALO (JOSEPH H. EMMINGER, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF TONAWANDA.

HURWITZ FINE P.C., BUFFALO (STEPHEN M. SORRELS OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF AMHERST.

Present —Whalen, P.J., Smith, Lindley, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Daniel Furlong, J.), entered October 6, 2021. The order granted the motions of defendants Town of Tonawanda and Town of Amherst to dismiss the complaint and all cross claims against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Jennifer D. (decedent) was killed when she was struck by a vehicle while crossing Niagara Falls Boulevard, which...

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