McNally v. Fitzgerald

—In an action to recover damages for personal injuries, the defendants Phillip C. Flynn and Anne Flynn appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated April 2, 1998, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is modified by adding thereto after the provision denying the appellants’ motion a provision that the denial is without prejudice to renewal upon the completion of discovery; as so modified, the order is affirmed, without costs or disbursements.

The…