Rivera v. Wood

In an action to recover damages for personal injuries, the defendants DFB Enterprises, a/k/a Sipala Enterprises, and Fred Sipala appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 28, 2000, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

*683Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The Supreme Court improperly denied the appellants’…