Rodriguez v. CMB Collision Inc.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 10, 2012, which, insofar as appealed from as limited by the briefs, denied plaintiffs cross motion for summary judgment on the issue of liability against defendants CMB Collision Inc. and Joseph Falco sued herein as Falco Joseph (collectively respondents), and granted respondents’ motion for summary judgment dismissing the complaint as against them, unanimously modified, on the law, respondents’ motion denied, and otherwise affirmed, without costs.

Respondents were not entitled to judgment as a matter of law in this…