Fusco v. Now & Zen, Inc.

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Richmond County (Lebowitz, J.), dated July 7, 2001, as denied their motion for summary judgment dismissing the complaint, and granted that branch of the plaintiffs’ cross motion which was to strike the defendants’ sixth affirmative defense based on a written release of liability.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting that branch of the plaintiffs’ cross motion which was to strike the defendants’ sixth…