Lopes v. Ross

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Giacomo, J.), entered November 14, 2012, which granted the defendants’ motion for summary judgment dismissing the complaint and denied, as academic, the plaintiffs’ cross motion to compel additional discovery.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiffs’ cross motion to compel additional discovery as academic, and substituting therefor a provision denying the cross motion on the merits; as so…