Aurora v. Ford Motor Credit Corp.

—In two related actions to recover damages for personal injuries, Christopher Mitchell, a plaintiff in Action No. 2, appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 9, 1998, as denied that branch of his motion which was, in effect, for summary judgment dismissing the counterclaim asserted against him in that action.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, and that branch of the appellant’s motion, in effect, for summary judgment dismissing the…