¶1Judgment unanimously reversed on the law without costs and new trial granted. Same memorandum as in Van Valkenburgh v Koehler ([appeal No. 2] 164 AD2d 971 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Fudeman, J.— negligence.) Present—Denman, J. P., Boomer, Pine, Balio and Lowery, JJ.
164 A.D.2d 973
Van Valkenburgh v. Koehler
Appellate Division of the Supreme Court of the State of New York
Decided August 10, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-08-10
Decided 1990-08-10