Wagar v. City of Rochester

189 N.Y.S.3d 369, 2023 NY Slip Op 03159

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 9, 2023
• Docket: 542 CA 22-00681
• Status: Published

Opinion

Wagar v City of Rochester (2023 NY Slip Op 03159)

Wagar v City of Rochester

2023 NY Slip Op 03159

Decided on June 9, 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 June 9, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND OGDEN, JJ.

542 CA 22-00681

[*1]JUSTIN WAGAR, PLAINTIFF-APPELLANT,

v

CITY OF ROCHESTER, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (ACTION NO. 1.)

WADE R. REMINGTON AND NICHOL P. DEATON, AS ADMINISTRATOR OF THE ESTATE OF JASON C. REGATUSO, DECEASED, PLAINTIFFS-APPELLANTS,

v

CITY OF ROCHESTER, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (ACTION NO. 2.)

JOHN J. FROMEN, ATTORNEYS AT LAW, P.C., SNYDER, MAGAVERN MAGAVERN GRIMM LLP, BUFFALO (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-APPELLANT JUSTIN WAGAR.

ROBERT HILTZIK, JERICHO, FOR PLAINTIFFS-APPELLANTS WADE R. REMINGTON AND NICHOL P. DEATON, AS ADMINISTRATOR OF THE ESTATE OF JASON C.

Appeals from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered March 21, 2022. The judgment, inter alia, granted the motion of defendant City of Rochester for summary judgment and dismissed the complaints against it.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 9, 2023

Ann Dillon Flynn

Clerk of the Court