DeJoe v. Village of Fredonia

Appeal from a judgment of the Supreme Court, Chautauqua County (Joseph Gerace, J.), entered April 17, 2003. The judgment granted defendant’s motion for summary judgment, dismissed the complaint, awarded defendant costs and disbursements, and denied plaintiffs’ cross motion for leave to amend the complaint.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating that part of the *1036complaint, as amplified by the answers to interrogatories, alleging affirmative negligence and as modified the…