Appellate Division of the Supreme Court of New York, 2023

Whelan v. Buffalo Mun. Hous. Auth.

Whelan v. Buffalo Mun. Hous. Auth.
Appellate Division of the Supreme Court of New York · Decided September 29, 2023
195 N.Y.S.3d 846; 219 A.D.3d 1701; 2023 NY Slip Op 04873 (New York Supplement, Third Series)
Whelan v. Buffalo Mun. Hous. Auth.

Opinion

Whelan v Buffalo Mun. Hous. Auth. (2023 NY Slip Op 04873)
Whelan v Buffalo Mun. Hous. Auth.
2023 NY Slip Op 04873
Decided on September 29, 2023
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 September 29, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.

679 CA 22-01311

[*1]THOMAS R. WHELAN AND JENNIFER S. WHELAN, PLAINTIFFS-APPELLANTS,

v

BUFFALO MUNICIPAL HOUSING AUTHORITY, DEFENDANT-RESPONDENT.




THE CAVALL LAW FIRM PLLC, WILLIAMSVILLE (DIANA B. CAVALL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

COLUCCI & GALLAHER, P.C., BUFFALO (JOHN J. MARCHESE OF COUNSEL), FOR DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered March 10, 2022. The order denied plaintiffs' motion for partial summary judgment on the issue of liability.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: September 29, 2023

Ann Dillon Flynn

Clerk of the Court



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