Herdzik v Lommer
2009 NY Slip Op 09739 [68 AD3d 1643]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Alan J. Herdzik, Individually and as Parent and Natural Guardian of Scott Herdzik, an Infant, Appellant,
v
James Lommer, Sr., et al., Respondents. (Appeal No. 2.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Arthur A. Herdzik of counsel), for plaintiff-appellant. Dixon & Hamilton, LLP, Getzville (Dennis P. Hamilton of counsel), for defendants-respondents.

Appeal from a judgment of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 28, 2008 in a personal injury action. The judgment dismissed the complaint against defendants upon a verdict of no cause of action.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the complaint against defendants is reinstated and a new trial is granted on the issue of proximate cause only.

Same memorandum as in Herdzik v Chojnacki (68 AD3d 1639 [2009]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Centra, JJ.