Appellate Division of the Supreme Court of the State of New York June 9, 2017, 578 CA 16-01997 (Berner v. Town of Cheektowaga)

Appeal and cross appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered April 20, 2016. The order denied in part and granted in part the motion of defendant for summary judgment and denied the cross motion of plaintiff for partial summary judgment.