Franklin v. Allen Health Care Services

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Westchester County (Colabella, J.), entered May 25, 2006.

*638Ordered that the appeal is dismissed, with costs.

The order appealed from, inter alia, determined that there was an issue of fact as to whether the defendants’ negligence was the proximate cause of the decedent’s fall. The defendants, as limited by their brief, request, in effect, that this Court search the record and award summary judgment dismissing the complaint on the ground…