ANTHONY v. PHELPS

16 CA 13-00842

114 A.D.3d 1142 (2014)

980 N.Y.S.2d 184

2014 NY Slip Op 757

DANIEL C. ANTHONY, Appellant, v. BRENT M. PHELPS, Respondent.

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

Decided February 7, 2014.


Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 4, 2012 in a personal injury action. The judgment, inter alia, ordered that a judgment of no cause of action be entered.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and a new trial is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while attempting to...

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