Felgemacher v. Rugg

Appeal and cross appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J), entered January 21, 2005 in a personal injury action. The order granted in part and denied in part defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in its entirety and reinstating the second cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover *1089damages for injuries he sustained when a…