Altman v. Kelly

In an action to recover damages for personal injuries, the defendant Islip Pizza Restaurant, Inc., doing business as Gino’s Tuscany Restaurant, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated October 16, 2013, as granted that branch of the plaintiffs motion which was for summary judgment on the issue of liability against it, and denied its cross motion pursuant to CPLR 3123 (b) for leave to withdraw the admissions contained in its response to the plaintiffs notice to admit.

Ordered that the order is reversed insofar as…