CHWOJDAK v. SCHUNK

926 CA 22-00162.

213 A.D.3d 1310 (2023)

183 N.Y.S.3d 823

2023 NY Slip Op 00770

Gary Chwojdak et al., Appellants, v. Michael D. Schunk, Respondent.

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

Decided February 10, 2023.


Attorney(s) appearing for the Case

FRANCIS M. LETRO ATTORNEYS AND COUNSELORS AT LAW, BUFFALO ( CAREY C. BEYER OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN L. HENDRICKS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.


Appeal from a judgment of the Supreme Court, Erie County (Dennis E. Ward, J.), entered January 10, 2022. The judgment dismissed the complaint upon a jury verdict.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the posttrial motion is granted, the verdict is set aside, the complaint is reinstated, and a new trial is granted.

Memorandum: Plaintiffs commenced this action seeking damages for injuries that...

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