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Stephen Applebee, Plaintiff-Appellant v. County of Cayuga

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 8, 2013

STEPHEN APPLEBEE, PLAINTIFF-APPELLANT,
v.
COUNTY OF CAYUGA, DEFENDANT-RESPONDENT.
COUNTY OF CAYUGA, THIRD-PARTY PLAINTIFF, VILLAGE OF PORT BYRON,
THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 6, 2011 in a personal injury action.

Applebee v County of Cayuga

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on February 8, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

The order, among other things, denied plaintiff's motion to vacate the judgment.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, plaintiff's motion to vacate the judgment entered by the Cayuga County Clerk on February 9, 2011 is granted, and a new trial is granted.

Same Memorandum as in Applebee v County of Cayuga ([appeal No. 1] ___ AD3d ___ [Feb. 8, 2013]).

Entered: February 8, 2013

Frances E. Cafarell Clerk of the Court

20130208

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