*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1069

CA 14-02113

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ. JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT

AND NATURAL GUARDIAN OF DYLAN J. BRADLEY,

TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS,

ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND

AS PARENTS AND NATURAL GUARDIANS OF COLETON HERR

AND HEATHER HERR, INFANTS, AND NATHAN E. KORSON AND ELENA KORSON, INDIVIDUALLY AND AS PARENTS AND

NATURAL GUARDIANS OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, AND CONESTOGA-ROVERS & ASSOCIATES,

DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)

PHILLIPS & PAOLICELLI LLP, NEW YORK CITY (STEPHEN J. PHILLIPS OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HODGSON RUSS LLP, BUFFALO (JEFFREY C. STRAVINO OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered August 15, 2014. The order granted the motion of defendant Conestoga-Rovers & Associates, to dismiss the second amended complaint against it and dismissed the second amended complaint against that defendant.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying that part of the motion of defendant Conestoga-Rovers & Associates seeking to dismiss the second amended complaint against it and reinstating the second amended complaint against that defendant except insofar as the third and fourth causes of action assert claims by each plaintiff as parent and natural guardian of an infant child or children, and as modified the order is affirmed without costs.

Same memorandum as in Abbo-Bradley v City of Niagara Falls ([appeal No. 1] ___ AD3d ___ [Oct. 2, 2015]).

Entered: October 2, 2015 Frances E. Cafarell

Clerk of the Court