CARR v. BURNWELL GAS OF NEWARK, INC.


23 A.D.3d 998 (2005)

803 N.Y.S.2d 834

JACQUELINE CARR, Individually and as Parent and Natural Guardian of CODY CARR, an Infant, et al., Appellants, v. BURNWELL GAS OF NEWARK, INC., et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted, the verdict is set aside, the complaints are reinstated and a new trial is granted.

Memorandum:

Plaintiffs commenced an action, and plaintiff Jacqueline Carr commenced a separate action as parent and natural guardian of plaintiffs' son, Cody, seeking damages for injuries sustained by Christopher J. Carr ...

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