Burger v Kenmore-Town of Tonawanda Union Free Sch. Dist.

Burger v Kenmore-Town of Tonawanda Union Free Sch. Dist. 2015 NY Slip Op 07129 Decided on October 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.
1031 CA 14-01929

[*1]KATHLEEN A. BURGER AND DOUGLAS W. BURGER, PLAINTIFFS-APPELLANTS,

v

KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

THE COSGROVE LAW FIRM, BUFFALO (J. MICHAEL LENNON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (THOMAS J. SPEYER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Thomas P. Franczyk, A.J.), entered May 2, 2014. The judgment dismissed the complaint upon a verdict of no cause of action.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court