Cottone v. C & C Spirits, Inc.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Seidell, J.), dated December 14, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint, and denied those branches of the plaintiffs’ cross motion which were for partial summary judgment on the issue of liability and to strike the defendant’s answer for failure to comply with discovery requests.

Ordered that the order is affirmed, with costs.

The injured plaintiff tripped and fell while attempting to step over a case of wine…