Legal Opinion

Marinaccio v. Town of Clarence

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2017No. 371 CA 16-01222PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 14, 2016. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order so appealed from is modified on the law by denying the motion in part and reinstating the first, second, and sixth causes of action, and as modified the order is affirmed without costs.

Memorandum: As we explained in a prior appeal, Marinaccio v Town of Clarence (90 AD3d 1599 [2011], revd 20 NY3d 506 [2013], rearg denied 21 NY3d 976 [2013]), following a…

2Cases cited6 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Partners v. Superior Well Services, Inc.New York Court of Appeals · 2012
  3. Marinaccio v. Town of ClarenceNew York Court of Appeals · 2013
  4. Murray-Gardner Management, Inc. v. Iroquois Gas Transmission SystemAppellate Division of the Supreme Court of the State of New York · 1996
  5. Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by3 opinions

  1. Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2023
  2. Jie v. United State of AmericaDistrict Court, E.D. New York · 2024
  3. Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2017

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