Swierczynski v. O'Neill

Appeal from an order of the Supreme Court, Erie County *1146(Christopher J. Burns, J.), entered March 3, 2006 in a personal injury action. The order adjudged that defendant County of Erie is liable for the conduct of defendant Joan O’Neill at the time of the accident.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, that part of the motion seeking partial summary judgment against defendant County of Erie is denied, the cross motion is granted and the amended complaint against that defendant is dismissed.

Memorandum: Plaintiffs…