SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2009
ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, PLAINTIFF-APPELLANT,
JAMES LOMMER, SR. AND MARIA LOMMER, DEFENDANTS-RESPONDENTS.
Appeal from a judgment of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 28, 2008 in a personal injury action.
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
MEMORANDUM AND ORDER
(APPEAL NO. 2.)
The judgment dismissed the complaint against defendants upon a verdict of no cause of action. 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 ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2009]).
Patricia L. Morgan Clerk of the Court
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