Skip to content

Zaepfel v Town of Tonawanda, 2024 NY Slip Op 02399 [227 AD3d 1386]

May 3, 2024

Appellate Division, Fourth Department

[*1]

James A. Zaepfel et al., Respondents,

v

Town of Tonawanda, Appellant. (Appeal No. 1.)

Colucci & Gallaher, P.C., Buffalo (Paul G. Joyce of counsel), for defendant-appellant.

Gross Shuman P.C., Buffalo (B. Kevin Burke, Jr., of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered January 17, 2023. The order, among other things, denied defendant’s motion to set aside the jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Zaepfel v Town of Tonawanda ([appeal No. 2] 227 AD3d 1387 [4th Dept 2024]). Present—Lindley, J.P., Montour, Ogden and Greenwood, JJ..