BURGESS, II, JEROME v. MEYER, MALCOLM

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered October 23, 2012. The order, inter alia, denied those parts of the cross motion of plaintiffs for partial summary judgment on the issue of liability, for an order taking judicial notice of certain statutes and regulations and for dismissal of certain affirmative defenses asserted by defendants.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiffs’ cross motion in part and dismissing the 3rd, 15th, 17th, and 29th affirmative defenses, dismissing…