Dunn v. Cnty. of Niagara

Full title: DANNY P. DUNN, SR., AND ANITA L. DUNN, PLAINTIFFS-APPELLANTS, v. COUNTY OF…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 7, 2019

2019 N.Y. Slip Op. 4531 (N.Y. App. Div. 2019)

Opinion

16 CA 18-00676

06-07-2019

DANNY P. DUNN, SR., AND ANITA L. DUNN, PLAINTIFFS-APPELLANTS, v. COUNTY OF NIAGARA, ET AL., DEFENDANTS, AND CAMBRIA VOLUNTEER FIRE COMPANY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

MICHAEL J. DOWD, LEWISTON, FOR PLAINTIFFS-APPELLANTS. TADDEO & SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

WHALEN, P.J., CENTRA, NEMOYER, CURRAN, AND WINSLOW, JJ.

PRESENT:

MICHAEL J. DOWD, LEWISTON, FOR PLAINTIFFS-APPELLANTS.

TADDEO & SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Daniel Furlong, J.), entered July 13, 2017. The order granted the motion of defendant Cambria Volunteer Fire Company, Inc., for summary judgment dismissing the complaint against it.

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

Same memorandum as in Dunn v County of Niagara ([appeal No. 1] — AD3d — [June 7, 2019] [4th Dept 2019]).

Entered: June 7, 2019

Mark W. Bennett

Clerk of the Court