General

Stephen Applebee, Appellant, v. County of Cayuga, Respondent and Third-Party Plaintiff. Village of Port Byron, Third-Party Defendant-Respondent

103 A.D.3d 1270958 N.Y.S.2d 923·New York Supreme Court, Appellate Division·2013·NY

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Opinion

Stephen Applebee, Appellant, v County of Cayuga, Respondent and Third-Party Plaintiff. Village of Port Byron, Third-Party Defendant-Respondent. (Appeal No. 2.) [958 NYS2d 923] [MAJORITY] — 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 plaintiffs motion to vacate the judgment. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiffs 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.