Ellis v. Emerson

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered March 6, 2006 in a personal injury action. The order, among other things, denied defendants’ motion for summary judgment dismissing the complaint, granted plaintiffs’ cross motion for partial summary judgment on the issue of negligence and granted plaintiffs’ motion for leave to amend the bill of particulars.

*1335It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants’ motion in part and dismissing the complaint, as amplified…