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BUTCHELLO v. HERBERGER

1201 CA 16-00423.

145 A.D.3d 1586 (2016)

2016 NY Slip Op 08735

43 N.Y.S.3d 649

TRAVIS BUTCHELLO, Respondent, v. MICHAEL J. HERBERGER, Appellant, et al., Defendants.

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

Decided December 23, 2016.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint is dismissed against defendant Michael J. Herberger.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained while playing in an intercollegiate junior varsity football game. In his complaint, plaintiff alleged, inter alia, negligent and/or reckless...

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