Gribbin v. Kearns

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), dated June 24, 1998, which (1) denied, as untimely, that branch of their motion which was for summary judgment dismissing the complaint, (2) denied that branch of their motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, and (3) failed to rule on that branch of their motion which was for an order of preclusion.

Ordered that the appeal from so much of the order as failed to rule on that branch of…