McCombs v. Cimato Enterpresis, Inc.

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered January 29, 2004 in a personal injury action. The order granted in part and denied in part defendants’ motion seeking summary judgment dismissing the complaint and denied plaintiffs cross motion seeking partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of defendants’ motion with respect to the second cause of action and reinstating that cause of action and by granting that part of…