SZYMANSKI v. HOLENSTEIN


15 A.D.3d 941 (2005)

790 N.Y.S.2d 346

MARYANNE SZYMANSKI, as Administratrix of the Estate of ROBERT D. SZYMANSKI, Deceased, Appellant, v. MICHAEL P. HOLENSTEIN et al., Respondents. (Appeal No. 1.)

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

February 4, 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 motion is granted, the verdict is set aside and a new trial is granted.

Memorandum:

Plaintiff appeals from a judgment entered in favor of defendants. The jury rendered a verdict finding that Michael P. Holenstein (defendant) was negligent, but that his negligence was not a substantial factor in causing the injuries and death...

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