APPLEBEE v. COUNTY OF CAYUGA

1389 CA 11-02091.

103 A.D.3d 1270 (2013)

958 N.Y.S.2d 923

2013 NY Slip Op 869

STEPHEN APPLEBEE, Appellant, v. COUNTY OF CAYUGA, Respondent and Third-Party Plaintiff. VILLAGE OF PORT BYRON, Third-Party Defendant-Respondent. (Appeal No. 2.)

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

February 8, 2013.


Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 6, 2011 in a personal injury action. The order, among other things, denied plaintiff's motion to vacate the judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff's motion to vacate the judgment entered by the Cayuga County Clerk on February 9, 2011 is granted, and a new trial is granted.

Same...

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