Norman v. Town of Cheektowaga

Appeal from an order of the *992Supreme Court, Erie County (Eugene M. Fahey, J.), entered August 13, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs cross motion for summary judgment.

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

Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint and granting plaintiff’s cross motion for…