SMITH v. SHERWOOD

1634 CA 09-01333

68 A.D.3d 1785 (2009)

2009 NY Slip Op 9901

891 N.Y.S.2d 798

VIRGIL SMITH, Individually and as Parent and Natural Guardian of DEREK SMITH, a Minor, Appellant, v. HAZEL E. SHERWOOD, Defendant, and CITY OF SYRACUSE et al., Respondents.

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

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is modified on the law by denying in part the motion of defendants Central New York Regional Transportation Authority, also known as Centro, Inc., and Theodore R. Gray and reinstating the common-law negligence claim against those defendants and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action, individually and on behalf of his 12-year-old son, seeking damages for injuries...

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