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Herdzik v. Lommer

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, AN INFANT, APPELLANT,
v.
JAMES LOMMER, SR., ET AL., RESPONDENTS. (APPEAL NO. 2.)

Appeal from a judgment of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 28, 2008 in a personal injury action. The judgment dismissed the complaint against defendants upon a verdict of no cause of action.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the complaint against defendants is reinstated and a new trial is granted on the issue of proximate cause only.

Same memorandum as in Herdzik v Chojnacki (68 AD3d 1639 [2009]).

Present---Scudder, P.J., Hurlbutt, Martoche, Smith and Centra, JJ.

20091230

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