Applebee v County of Cayuga
2013 NY Slip Op 00869 [103 AD3d 1270]
February 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


Stephen Applebee, Appellant,
v
County of Cayuga, Respondent and Third-Party Plaintiff. Village of Port Byron, Third-Party Defendant-Respondent. (Appeal No. 2.)

—[*1] Greene & Reid, Plcc, Syracuse (Eugene W. Lane of counsel), for plaintiff-appellant.

Lynch Law Office, Syracuse, Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Christine Gasser of counsel), for defendant-respondent.

Davidson & O'Mara, P.C., Elmira (Thomas F. O'Mara of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 6, 2011 in a personal injury action. The order, among other things, denied plaintiff's motion to vacate the judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff's motion to vacate the judgment entered by the Cayuga County Clerk on February 9, 2011 is granted, and a new trial is granted.

Same memorandum as in Applebee v County of Cayuga (103 AD3d 1267 [2013]). Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.