Franzese v. Consolidated Dairies, Inc.

In an action to recover damages for personal injuries, the plaintiff David Franzese appeals from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated December 17, 2009, as granted the motion of the defendants Consolidated Dairies, Inc., and Juan Isales for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Consolidated Dairies, Inc., and Juan Isales for summary judgment dismissing the complaint insofar as asserted against them…