Mislin v City of Tonawanda School Dist.
2010 NY Slip Op 03690 [72 AD3d 1627]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


Barbara A. Mislin, Individually and as Administrator of the Estates of Theodore W. Mislin, Sr., and Another, Deceased, Appellant, v City of Tonawanda School District et al., Respondents.

—[*1] Chiacchia & Fleming, LLP, Hamburg (Christen Archer Pierrot of counsel), for plaintiff-appellant.

Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for defendants-respondents City of Tonawanda School District, Diana D. Greene, individually and in her official capacity as Superintendent of City of Tonawanda School District, and Board of Education of City of Tonawanda School District.

Damon Morey LLP, Buffalo (Steven Zweig of counsel), for defendant-respondent Andrew Freedman, individually and in his official capacity as School Attorney for City of Tonawanda School District.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered September 18, 2008 in an action for negligence and wrongful death. The order granted the motions of defendants to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Centra, Carni, Sconiers and Pine, JJ.