HERDZIK v. LOMMER

1105 CA 08-02183

68 A.D.3d 1643 (2009)

2009 NY Slip Op 9739

890 N.Y.S.2d 884

ALAN J. HERDZIK, Individually and as Parent and Natural Guardian of SCOTT HERDZIK, an Infant, Appellant, v. JAMES LOMMER, SR., et al., Respondents. (Appeal No. 2.).

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

Decided December 30, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the complaint against defendants is reinstated and a new trial is granted on the issue of proximate cause only.

Same memorandum as in Herdzik v Chojnacki (68 A.D.3d 1639

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