DeLong v. County of Chautauqua

Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered April 18, 2007. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint based on plaintiffs alleged failure to comply with a conditional order of preclusion. Defendant failed to meet its initial burden on the motion because its sole supporting affirmation…