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).