`FILED: ERIE COUNTY CLERK 07m2018 01:32 P
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`NYSCEF DOC. NO. 113
`NYSCEF DOC. NO. 113
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`INDEX NO. 805505/2015
`INDEX NO' 805505/2611;
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`RECEIVED NYSCEF: 07/19/2018
`RaCaIVaD VYSCEF: 07/19/ 018
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`STATE OF NEW YORK:
`SUPREME COURT:
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`COUNTY OF ERIE
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`MARILYN McDONOUGH
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`Plaintiff
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`-vs-
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`TRANSIT ROAD APARTMENTS LLC
`PARK. LANE LUXURY APARTMENTS
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`AMENDED
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`JUDGMENT
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`Index #805505f2015
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`Defendants,
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`Plaintiff, MARILYN McDONOUGI-I, resides at 4845 Transit Road, Apt. NS,
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`Depew, New York 14043. Defendants, TRANSIT ROAD APARTMENTS LLC and
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`PARK LANE LUXURY APARTMENTS, are located at 4845 Transit Road, Lancaster,
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`New York 14043.
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`The following Amended Judgment
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`is against defendants, TRANSIT ROAD
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`APARTMENTS LLC and PARK LANE LUXURY APARTMENTS.
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`The issue of negligence in this action having been duly tried before the Honorable
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`E. Jeannette Ogden, J.S.C., and a jury in Buffalo, New York, and plaintiff having
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`appeared by BROWN CHIARI LLP, David W. Olson, Esq., of counsel, and defendants,
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`Transit Road Apartments LLC and Park Lane Luxury Apartments, having appeared by
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`EARTH, SULLIVAN & BBHR, Laurence Behr, Esq., of counsel, and the jury having
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`rendered a verdict on November 15, 2017 finding defendants 99% at fault for the subject
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`FILED: ERIE COUNTY CLERK 07/19/2018 01:32 PM
`FILED: ERIE COUNTY CLERK 071172018 01:32 P
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`NYSCEF DOC. NO. 113
`‘NYSCEF DOC. NO. 113
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`805505/2015
`INDEX NO. 805505/2015
`INDEX NO-
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`07/19/ 018
`RECEIVED NYSCEF: 07/19/2018
`RfiCfiIVfiD \lYSCEF:
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`-PageZ.
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`accident; and a Judgment therefor having been entered in the Office of the Clerk of the
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`County of Erie on November 27, 2017 (Exhibit A); and the issue of damages in this
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`action having been duly tried before the Honorable Frank A. Sedita, III, J.S.C., and a jury
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`in Buffalo, New York, and plaintiff having appeared by BROWN CHIARI LLP, David W.
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`Oison, Esq., of counsel, and defendants, Transit Road Apartments LLC and Park Lane
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`Luxury Apartments, having appeared by BARTH, SULLIVAN & BEHR, Laurence Behr,
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`Esq., of counsel, and the jury having rendered a verdict on February 16, 2018 finding
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`plaintiff entitled to $350,000.00 in damages; and a Memorandum Decision and Order of
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`the Honorable Frank A. Sedita, III, J.S.C, dated June 28, 2018, having been entered in the
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`Office of the Clerk of the County of Eric on July 9, 2018, affirming the jury’s award
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`(Exhibit B);
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`NOW,
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`the Court having determined that an Amended Judgment in favor of
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`plaintiff be entered as to $346,500.00; it is hereby
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`ORDERED, ADJUDGED AND DECREED that plaintiff, Marilyn McDonough,
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`does recover of the defendants $346,500.00; and it is further
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`ORDERED, ADJUDGED AND DECREED that plaintiff, Marilyn MeDonough,
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`is entitled to statutory interest on the above sum at the rate of 9% per annum from
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`November 27, 2017, and that plaintiff have execution therefor; and it is further
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`ORDERED, ADJUDGED AND DECREED that plaintiff, Marilyn McDonough,
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`is entitled to costs and disbursements in the amount of $1,405.80 (99% of amount shown
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`on Exhibit C), and that plaintiff have execution therefor.
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`FILED: ERIE COUNTY CLERK 07/19/2018 01:32 PM
`FILED: ERIE COUNTY CLERK 07m2018 01:32 P
`N SC 3F DOC. NO. 113
`NYSCEF DOC. NO. 113
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`IND
`EX NO.
`805505/2015
`INDEX NO. 805505/2015
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` VYSC
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`RECEIVED NYSCEF: 07/19/2018
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