Gallagher v. City of Buffalo

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered January 28, 2016. The order granted that part of the motion of defendant County of Erie seeking an award of attorney’s fees.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and that part of the motion of defendant County of Erie seeking attorney’s fees is denied.

Memorandum: Plaintiff commenced this premises liability action seeking to recover damages for injuries she sustained when she fell from her bicycle while trying to avoid colliding…