Simmons v. Ricks , 149 A.D.2d 913 ( 1989 )

— Appeal by plaintiff Grover Simmons unanimously dismissed. Judgment in favor of plaintiff Geneva Simmons unanimously reversed on the law without costs and new trial granted in accordance with same memorandum as in Simmons v Ricks ([appeal No. 3] 149 AD2d 914). (Appeal from judgment of Supreme Court, Erie County, Wolfgang, J.— negligence.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.