Schwartz v. Long Beach City School District

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated October 18, 1977, which (1) denied their motion for summary judgment and (2) granted defendants’ cross motion to strike the claim for punitive damages from the complaint. Order modified by (1) adding at the end of the provision denying the plaintiffs’ motion for summary judgment the following: "except that the motion is granted to the extent that pursuant to CPLR 3212 (subd [g]) it shall be deemed established *620for all purposes in this action that the…