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HARGIS JR. v. SAYERS

38 A.D.3d 1228 (2007)

833 N.Y.S.2d 776

DELBERT HARGIS, JR., Individually and as Parent and Natural Guardian of D.H., Respondent-Appellant, v. PHYLLIS J. SAYERS, Appellant-Respondent. (Appeal No. 2.)

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

Decided March 16, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying the motion for a directed verdict in part and as modified the judgment is affirmed without costs, and a new trial is granted on the issue of negligence only in accordance with the following memorandum: Plaintiff commenced this action to, inter alia, recover damages for personal injuries sustained by his infant...

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