Calvert v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated June 16, 1997, which, upon a trial ruling granting the motion by the defendant City of New York to dismiss the complaint after the plaintiff’s offer of proof, dismissed the complaint.

Ordered that the judgment is modified by deleting the provision thereof which dismissed the complaint as against the defaulting defendants, William H. Foster and Clara N. Foster; as so modified, the judgment is affirmed, without costs or disbursements, and the…