WILBUR v. LACERDA


34 A.D.3d 794 (2006)

826 N.Y.S.2d 135

SAWARDI WILBUR et al., Appellants, v. JAY LACERDA et al., Respondents.

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

Decided November 28, 2006.


Ordered that the judgment is reversed, on the law, the motion is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issues of proximate cause and damages only, with costs to abide the event, and the order dated November 19, 2004 is modified accordingly.

The plaintiffs commenced this action to recover damages for personal injuries allegedly sustained by the infant plaintiff as a result of...

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