Robbins v. Emery

—In a consolidated action to recover damages for personal injuries, the defendants Jimmie Eugene Emery and Nicholas Emery appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 30, 1999, as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

We agree with the Supreme Court that the defendants Valerie Diehl and Daniel Dugan raised triable issues of fact sufficient to…