Zaepfel v Town of Tonawanda
2024 NY Slip Op 02399
Decided on May 3, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 3, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, AND GREENWOOD, JJ.

53 CA 23-00344

[*1]JAMES A. ZAEPFEL, TONAWANDA PIRSON LLC, AND 95 PIRSON PARKWAY LLC, PLAINTIFFS-RESPONDENTS,

v

TOWN OF TONAWANDA, DEFENDANT-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] — AD3d — [May 3, 2024] [4th Dept 2024]).

Entered: May 3, 2024

Ann Dillon Flynn

Clerk of the Court