LOGAN v. ROMAN


58 A.D.3d 810 (2009)

872 N.Y.S.2d 491

TONYA LOGAN, Plaintiff, and BRYAN CAMBRIDGE, Appellant, v. JEANNETTE ROMAN et al., Respondents.

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

January 27, 2009.


Ordered that the judgment is reversed, on the facts and in the exercise of discretion, the complaint insofar as asserted by the plaintiff Bryan Cambridge is reinstated, the defendants' motion is denied, and the matter is remitted to the Supreme Court, Westchester County, for a trial, with costs to abide the event.

Under the circumstances, the Supreme Court improvidently exercised its discretion in precluding the plaintiff Bryan Cambridge (hereinafter the plaintiff...

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