JESSIE GALTON PLAINTIFF APPELLANT v. APPEAL NO (2017)

Supreme Court, Appellate Division, Fourth Department.

JESSIE T. GALTON, PLAINTIFF–APPELLANT, v. TOWN OF NORTH DANSVILLE, DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 16–01517

Decided: November 17, 2017

PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

THE ABBATOY LAW FIRM, PLLC, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR PLAINTIFF–APPELLANT. GALLO & IACOVANGELO, LLP, ROCHESTER (JOSEPH B. RIZZO OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is modified on the law by denying defendant's motion seeking summary judgment dismissing the complaint and reinstating the complaint, and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Livingston County, for further proceedings in accordance with the same memorandum as in Stiggins v. Town of N. Dansville (_ AD3d _ [Nov. 17, 2017] ).

Mark W. Bennett

Clerk of the Court

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