Sanly v. Nowak

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 18, 2005 in a personal injury action. The order, insofar as appealed from, granted that part of plaintiffs’ motion seeking partial summary judgment on the issue of the negligence of defendant Marsha A. Nowak.

It is hereby ordered that the order insofar as appealed from *1114be and the same hereby is unanimously reversed on the law without costs and that part of the motion seeking partial summary judgment on the issue of negligence is denied.

Memorandum: Plaintiffs commenced this action seeking damages…