Vassenelli v. City of Syracuse

Full title: Nicholas L. VASSENELLI, Plaintiff–Appellant, v. CITY OF SYRACUSE, et al.…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Apr 29, 2016

138 A.D.3d 1477 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 3347

29 N.Y.S.3d 213

Opinion

354 CA 15-01153.

04-29-2016

Nicholas L. VASSENELLI, Plaintiff–Appellant, v. CITY OF SYRACUSE, et al., Defendants, and Sharon Eriksson, Defendant–Respondent. (Appeal No. 4.).

Bosman Law Firm, LLC, Canastota (A.J. Bosman of Counsel), for Plaintiff–Appellant. Law Offices of Brady & Carafa, Syracuse (Thomas P. Carafa of Counsel), for Defendant–Respondent.

Appeal from an order of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered March 4, 2015. The order granted the motion of defendant Sharon Eriksson to dismiss the amended complaint against her.

Bosman Law Firm, LLC, Canastota (A.J. Bosman of Counsel), for Plaintiff–Appellant.

Law Offices of Brady & Carafa, Syracuse (Thomas P. Carafa of Counsel), for Defendant–Respondent.

Same memorandum as in Vassenelli v. City of Syracuse (Appeal No. 1), 138 A.D.3d 1471, 31 N.Y.S.3d 320, 2016 WL 1710994 (Apr. 29, 2016).

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the third and fourth causes of action against defendant Sharon Eriksson, and as modified the order is affirmed without costs.

SMITH, J.P., DeJOSEPH, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.