Legal Opinion

Applebee v. County of Cayuga

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 2013No. Appeal No. 2Published

1Opinion of the Court

— 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.

2Cases cited1 opinion

  1. Applebee v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2013