Palmer v. Ecco III Enterprises, Inc.

In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Sampson, J.), entered May 24, 2016, as granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff’s motion which was for summary judgment on the issue of liability is denied.

On November 23, 2013, at about 12:05 a.m., a dump truck owned by…