Pater v. City of Buffalo

Peradotto, J.P.

(dissenting). Viewing the facts in the light most favorable to plaintiffs, and drawing every available inference in their favor (see De Lourdes Torres v Jones, 26 NY3d 742, 763 [2016]), I conclude that there are issues of fact that preclude granting summary judgment to defendants City of Buffalo and Buffalo Police Department (city defendants). I therefore respectfully dissent.

As an initial matter, contrary to the city defendants’ contention, plaintiffs did not improperly rely on a new theory of liability for negligence in opposition to the city defendants’ motion inasmuch as…