| ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, V TOM CHOJNACKI AND CHERYL |
| Motion No: NOS. 1104-1105/09 |
| Slip Opinion No: 2010 NY Slip Op 67208(U) |
| Decided on March 19, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, SMITH, CENTRA, AND FAHEY, JJ.
MOTION NOS. 1104-1105/09
DOCKET NOS. CA 08-02182 AND CA 08-02183
| ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF
SCOTT HERDZIK, PLAINTIFF-APPELLANT-RESPONDENT, V TOM CHOJNACKI AND CHERYL CHOJNACKI, INDIVIDUALLY,
DEFENDANTS-RESPONDENTS, JAMES LOMMER, SR., MARIA LOMMER, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL.,
DEFENDANTS. JAMES LOMMER, SR., ET AL., THIRD-PARTY PLAINTIFFS, V HOWARD MICHEL AND COLLEEN MICHEL, INDIVIDUALLY AND
AS PARENTS AND NATURAL GUARDIANS OF JUSTIN MICHEL, AND JUSTIN MICHEL, THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO.
1.) ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK, PLAINTIFF-APPELLANT, V JAMES
LOMMER, SR. AND MARIA LOMMER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Defendants-respondents Tom Chojnacki, Cheryl Chojnacki, James Lommer, Sr. and Maria Lommer having moved for reargument of the order of this Court entered December 30, 2009,
Now, upon reading and filing the affidavit of Leo T. Fabrizi sworn to February 3, 2010, the affidavit of Michael B. Dixon sworn to February 8, 2010, the notices of motion with proof of
MOTION NOS. 1104-1105/09
DOCKET NOS. CA 08-02182 AND CA 08-02183
MARCH 19, 2010
PAGE 2
service thereof, the opposing affirmations of Arthur A. Herdzik dated February 18, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Entered: March 19, 2010
Patricia L. Morgan, Clerk