Civil Procedure · MBE-tested

Tina M. Beeley, Individually and as Parent and Natural Guardian of Lynne M. Beeley, an Infant, Respondent, v. Volney R. Spencer, Appellant, et al., Defendant

309 A.D.2d 1303765 N.Y.S.2d 815·New York Supreme Court, Appellate Division·2003·NY

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Opinion

Tina M. Beeley, Individually and as Parent and Natural Guardian of Lynne M. Beeley, an Infant, Respondent, v Volney R. Spencer, Appellant, et al., Defendant. (Appeal No. 3.) [765 NYS2d 815] [MAJORITY] Appeal from a judgment of Supreme Court, Erie County (O’Donnell, J.), entered June 11, 2002, which upon a jury verdict awarded plaintiff money damages against defendant Volney R. Spencer. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Same memorandum as in Beeley v Spencer ([appeal No. 5] 309 AD2d 1303 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.