Saxton v. City of New York

In an action to recover damages for personal injuries, the defendant H.H.M. Associates, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 13, 2004, as, upon re-argument, adhered to a prior determination in an order dated March 3, 2003, denying its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order dated September 13, 2004 is affirmed insofar as appealed from, with costs.

The Supreme Court, upon reargument, properly adhered to its prior determination…