Foley v. Masiello

Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 6, 2007.

*1226The order granted plaintiffs motion for partial summary judgment and denied defendants’ cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the complaint is dismissed.

Memorandum: Plaintiff, individually and as president of the Buffalo Professional Firefighters Association, Inc., Local 282, IAFF, AFL-CIO-CLC…