Jenkins v. Crossway

Appeal and cross appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered March 23, 2005 in a personal injury action. The order, insofar as appealed and cross-appealed from, granted defendants’ motion for an order precluding plaintiff from presenting certain evidence at trial and denied defendants’ motion for summary judgment.

It is hereby ordered that the order insofar as appealed and cross-appealed from be and the same hereby is unanimously reversed on the law without costs, defendants’ motion for sum*852mary judgment is granted and the second amended complaint…