Jopek v. City of Lackawanna

Appeal from an order of Supreme Court, Erie County (Cosgrove, J), entered August 19, 2002, which denied plaintiffs motion for summary judgment, granted summary judgment to defendant and dismissed the complaint.

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

Memorandum: Plaintiff appeals from an order that denied her motion for summary judgment, granted summary judgment to defendant and dismissed the complaint. Plaintiff owns a one-half interest in property located at 16-18 Eaton Street in the City of Lackawanna. She commenced…