Whelan v. Buffalo Mun. Hous. Auth.

Opinion

Whelan v Buffalo Mun. Hous. Auth.

2026 NY Slip Op 04625

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THOMAS R. WHELAN AND JENNIFER S. WHELAN, PLAINTIFFS-RESPONDENTS,

v

BUFFALO MUNICIPAL HOUSING AUTHORITY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

423 CA 25-00635

Present: Lindley, J.P., Curran, Ogden, Nowak, And Delconte, JJ.

COLUCCI & GALLAHER, P.C., BUFFALO (MARC S. SMITH OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Appeal from an order of the Supreme Court, Erie County (Edward Pace, J.), entered April 15, 2025, in a personal injury action. The order determined that defendant is liable for the injuries alleged in the complaint.

[*1]

It is hereby ORDERED that said appeal is unanimously dismissed

without costs.

Same memorandum as in Whelan v Buffalo Mun. Hous. Auth. ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court