SZYMKOWIAK v. NEW YORK POWER AUTHORITY

1070 CA 20-01411.

203 A.D.3d 1618 (2022)

166 N.Y.S.3d 759

2022 NY Slip Op 01702

Joseph Szymkowiak, Respondent, v. New York Power Authority, Appellant.

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (KEVIN J. KRUPPA OF COUNSEL), FOR DEFENDANT-APPELLANT.

COLLINS & COLLINS ATTORNEYS, LLC, BUFFALO (ETHAN W. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant's motion insofar as it effectively sought summary judgment dismissing the claims for damages related to post-concussion syndrome and a concussion condition stemming from the October 2015 accident and dismissing those claims and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action against...

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