Opinion
MOTION NO. (1461/18) CA 18-01324
04-26-2019
Daniel J. BECK and Debra Beck, Plaintiffs-Respondents, v. CITY OF NIAGARA FALLS, et al., Defendants, and Niagara Falls Water Board, Defendant-Appellant.
Motion for reargument be and the same hereby is granted to the extent that, upon reargument, the memorandum and order entered February 8, 2019 ( 169 A.D.3d 1528, 92 N.Y.S.3d 845 ) is amended by deleting the third sentence of the memorandum and substituting the following sentence: "Plaintiffs allege that the Niagara Falls Water Board (defendant) was responsible for the care and maintenance of the area on Simmons Avenue where the incident is alleged to have occurred."