Van Valkenburgh v. Koehler — 164 A.D.2d 972

Majority

p. 972

Mark Van Valkenburgh, Plaintiff, v Frederick G. Koehler et al., Defendants. John L. Renzo, as Father and Natural Guardian of Paul Renzo, an Infant, Respondent, v Frederick G. Koehler et al., Appellants, et al., Defendants. John L. Renzo, Individually and as Administrator of the Estate of Eleanor V. Renzo, Deceased, Respondent, v Freder

p. 973

ick G. Koehler et al., Appellants, et al., Defendants. John L. Renzo, as Father and Natural Guardian of Paul Renzo, an Infant, Respondent, v Tops Friendly Markets, Inc., Appellant. John L. Renzo, Individually and as Administrator of the Estate of Eleanor V. Renzo, Deceased, Respondent, v Tops Friendly Markets, Inc., Appellant.

(Appeal No. 4.)

Judgment 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 and Dram Shop Act violation.) Present—Den-man, J. P., Boomer, Pine, Balio and Lowery, JJ.