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HERDZIK v. CHOJNACKI

1104 CA 08-02182

68 A.D.3d 1639 (2009)

2009 NY Slip Op 9738

892 N.Y.S.2d 724

ALAN J. HERDZIK, Individually and as Parent and Natural Guardian of SCOTT HERDZIK, an Infant, Appellant-Respondent, v. TOM CHOJNACKI et al., Respondents, and JAMES LOMMER, SR., et al., Respondents-Appellants and Third-Party Plaintiffs, et al., Defendants. HOWARD MICHEL et al., Individually and as Parents and Natural Guardians of JUSTIN MICHEL, an Infant, et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part the motion of defendants Tom Chojnacki and Cheryl Chojnacki, individually and as parents and natural guardians of Derek Chojnacki, and Derek Chojnacki and reinstating the complaint against defendants Tom Chojnacki and Cheryl Chojnacki, individually, and by granting that part of the cross motion for partial summary judgment...

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