Malek v. Village of Depew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered December 7, 2016. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for leave to amend the bill of particulars.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the motion is granted, and the complaint is dismissed.
Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when his foot fell through the pavement adjacent to…
2Cases cited6 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- Oboler v. City of New YorkNew York Court of Appeals · 2007
- Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Hawley v. Town of OvidAppellate Division of the Supreme Court of the State of New York · 2013
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