Buckley v. Civiletto

Appeal from an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.), entered December 8, 2004 in a personal injury action. The order, insofar as appealed from, granted that part of the cross motion of defendant Village of Fredonia for summary judgment dismissing the complaint against it.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied in part and the complaint against defendant Village of Fredonia is reinstated.

*845Memorandum: Plaintiff commenced this action seeking…