Kudisch v. Grumpy Jack's, Inc.

*789In an action to recover damages for personal injuries and wrongful death, etc., pursuant to, inter alia, General Obligations Law §§ 11-100 and 11-101, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Jaeger, J.), dated March 12, 2012, which granted the defendant’s motion, in effect, for summary judgment dismissing the complaint, and denied their cross motion for leave to amend the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s motion which was for summary judgment dismissing so much of…