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Herdzik v. Lommer

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2009
68 A.D.3d 1643 (N.Y. App. Div. 2009)

Opinion

No. CA 08-02183.

December 30, 2009.

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.

CHELUS, HERDZIK, SPEYER MONTE, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DIXON HAMILTON, LLP, GETZVILLE (DENNIS P. HAMILTON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

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


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).


Summaries of

Herdzik v. Lommer

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2009
68 A.D.3d 1643 (N.Y. App. Div. 2009)
Case details for

Herdzik v. Lommer

Case Details

Full title:ALAN J. HERDZIK, Individually and as Parent and Natural Guardian of SCOTT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 30, 2009

Citations

68 A.D.3d 1643 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9739
890 N.Y.S.2d 884