Smith v. City of Syracuse

Appeal from that part of an order of Supreme Court, Onondaga County (Major, J.), entered August 28, 2002, that granted in part defendants’ motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied in its entirety and the complaint is reinstated in its entirety.

Memorandum: Supreme Court erred in granting that part of defendants’ motion seeking summary judgment dismissing the complaint to the extent that plaintiff alleges therein that she…