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O'NEILL v. BUFFALO SOUTHWESTERN, LLC

376 CA 22-00908.

216 A.D.3d 1451 (2023)

186 N.Y.S.3d 878

2023 NY Slip Op 02439

Nancy O'Neill et al., Appellants, v. Buffalo Southwestern, LLC, et al., Respondents.

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ANTHONY V. IACONO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (JUSTIN L. HENDRICKS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

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

Appeal from an order of the Supreme Court, Erie County (Raymond W. Walter, J.), entered June 3, 2022. The order granted the motion of defendants for summary judgment and dismissed the complaint.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Nancy O'Neill (plaintiff) when she slipped...

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