CLEVENGER v. MITNICK


38 A.D.3d 586 (2007)

832 N.Y.S.2d 73

BARBARA CLEVENGER et al., Respondents, et al., Plaintiff, v. DONALD D. MITNICK, Appellant.

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

Decided March 13, 2007.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of the plaintiff Barbara Clevenger's personal injury damages and the plaintiff Michael Clevenger's derivative damages, with costs to abide the event.

Following a boating accident, the plaintiff Barbara Clevenger, her husband, the plaintiff Michael Clevenger, and their son, the plaintiff Michael Clevenger, Jr., commenced...

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