Delucas v City of Lockport School Dist.

DeLucas v City of Lockport School Dist. 2010 NY Slip Op 01172 [70 AD3d 1382] 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

Kelly DeLucas, as Parent and Natural Guardian of Zachary Flores, Respondent, v City of Lockport School District et al., Appellants.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Jeffrey F. Baase of counsel), for defendants-appellants.

Jeffrey E. Marion, Williamsville, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered January 30, 2009 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Carni, Pine and Gorski, JJ.