DUNN v. GARRETT

181 CA 15-00755.

138 A.D.3d 1387 (2016)

31 N.Y.S.3d 326

2016 NY Slip Op 03283

TERRY DUNN, Appellant, v. DARNELL GARRETT et al., Respondents. (Appeal No. 2.)

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

Decided April 29, 2016.


Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered October 17, 2014 in a personal injury action. The judgment awarded plaintiff the sum of $26,605 as against defendants.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, those parts of the motion seeking to set aside the verdict and a new trial are granted, and a new trial is granted on the issues of causation, serious injury...

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