Boockvor v. Fischer

— In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered April 9, 2008, which denied their motion for summary judgment dismissing the complaint and, upon searching the record pursuant to CFLR 3212 (b), awarded summary judgment to the plaintiffs on the issue of liability.

*406Ordered that the order is modified, on the law, by deleting the provision thereof which, upon searching the record pursuant to CPLR 3212 (b), awarded summary judgment to the plaintiffs on the issue of liability; as so…