Van Dusen v. McMaster

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered February 18, 2005 in a personal injury action. The judgment, upon a jury verdict, dismissed the complaint and granted defendants costs and disbursements.

It is hereby ordered that the judgment so appealed from be and the same hereby is reversed in the interest of justice without costs, the motion is granted, the verdict is set aside, the complaint is reinstated and a new trial is granted.

*1058Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Charlene Van Dusen (plaintiff), a…