Burns v City of Batavia

Burns v City of Batavia 2010 NY Slip Op 01085 [70 AD3d 1314] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Kenneth Burns et al., Appellants, v City of Batavia et al., Respondents, et al. Defendant. (Appeal No. 2.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-appellants.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendants-respondents.

Appeal from an amended judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered December 12, 2008 in a personal injury action. The amended judgment, upon the motion of defendants City of Batavia and City of Batavia Department of Public Works for summary judgment, dismissed the complaint and cross claims against them.

It is hereby ordered that the amended judgment so appealed from is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.