Polman v. Tersillo

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Owen, J.), dated October 16, 2008, as, upon renewal, in effect, vacated so much of its prior order dated May 22, 2008, as granted that branch of their motion which was for summary judgment dismissing the cause of action alleging common-law negligence and as denied, as academic, the cross motion of the plaintiff counterclaim defendant Drew Polman for summary judgment dismissing the counterclaim asserted against him, and…