Cocina v. County of Erie

Appeals from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered May 9, 2007 in a personal injury action. The order granted the motion of defendant Brian S. Heckman for summary judgment dismissing the complaint and the cross claim of defendant County of Erie against him.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint and cross claim against defendant Brian S. Heckman are reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when the…