McKnight v. Mariner Restaurant

Appeal from an order of Supreme Court, Jefferson County *1297(Gilbert, J.), entered October 31, 2002, which, inter alia, denied defendants’ cross motion for summary judgment seeking to dismiss the complaint and directed defendants to appear for deposition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants’ cross motion in part and dismissing the negligence claim and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action asserting claims for negligence and assault based on an…