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COURT OF APPEALS: November 20, 2018

COURT OF APPEALS: November 20, 2018

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CASES

No. 116. TOWN OF AURORA, &C., res, v. VILLAGE OF EAST AURORA, &C., app — Order modified, without costs, by (1) denying plaintiff Town of Aurora’s motion for summary judgment, (2) granting defendant Village of East Aurora’s motion for summary judgment only to the extent it sought a declaration in its favor as to the Brooklea Drive Bridge, and (3) reinstating so much of the judgment of Supreme Court, Erie County, as declared the Town of Aurora is responsible for the expenses of repairing the Brooklea Drive Bridge, and, as so modified, affirmed.Opinion by Judge Stein.Chief Judge DiFiore and Judges Wilson and Feinman concur.Judge Fahey dissents in part and votes to affirm in an opinion, in which Judges Rivera and Garcia concur.

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