Mata v. Gress

Appeal from an order of the Supreme Court, Erie County (John E Lane, J.), entered October 6, 2004 in a personal injury action. The order, insofar as appealed from, granted those parts of plaintiffs’ motion seeking partial summary judgment against defendant Darren M. Gress on the issue of negligence and dismissal of his affirmative defense alleging comparative negligence.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, those parts of the motion with respect to defendant Darren M. Gress on the issues of…