Ell v. S.E.T. Landscape Design, Inc.

In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Owen, j.), dated January 31, 2000, as granted those branches of the separate motions of the defendants which were for summary judgment dismissing the complaint insofar as asserted against them, and the defendant LESCO, Inc., cross-appeals from so much of the same order as failed to address its Federal preemption claim.

Ordered that the cross appeal is dismissed, without costs or disbursements, as the defendant LESCO, Inc., is not…