Blaich v. Van Herwynen, Jr.

• Court: New York Supreme Court — Appellate Division
• Citation: Blaich v. Van Herwynen, Jr., 37 A.D.3d 387, 829 N.Y.S.2d 639, 2007 NY Slip Op 1059 (N.Y. App. Div. 2007)
• Decision Date: 06 February 2007
• Docket Number: 2005-08617.
• Parties: DANIEL BLAICH, Appellant, v. PETER VAN HERWYNEN, JR., et al., Respondents, et al., Defendants.

37 A.D.3d 387

829 N.Y.S.2d 639

2007 NY Slip Op 01059

DANIEL BLAICH, Appellant, v. PETER VAN HERWYNEN, JR., et al., Respondents, et al., Defendants.

2005-08617.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 6, 2007.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief and two stipulations of settlement dated December 7, 2006 and January 9, 2007, respectively, from so much of an amended order of the Supreme Court, Suffolk County (Emerson, J.), dated August 9, 2005, as denied those branches of his motion which were for summary

judgment on the issue of liability against the defendant Peter Van Herwynen, Jr., and for leave to enter a default judgment against the defendant Peter Van Herwynen, Jr., upon his failure to appear or answer the complaint.

Ordered that the amended order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the plaintiff's first cause of action insofar as asserted against the defendant Peter Van Herwynen, Jr., and substituting therefor a provision granting that branch of the motion; as so modified, the amended order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff alleged that he sustained personal injuries on the afternoon of January 1, 2004 when he appeared at the front door of the Van Herwynen home and was struck in the face and body by rounds discharged from BB guns and/or pellet pistols fired by certain of the defendants, including the defendant Peter Van Herwynen, Jr. (hereinafter Peter, Jr.). In a related criminal prosecution in the District Court, Suffolk County, Peter, Jr., admitted that he caused injury to the plaintiff with a pellet pistol and/or a...