Jones v. Lei-Ti Too, LLC

Appeal from an order of the Supreme Court, Livingston County (Raymond E. Cornelius, J.), entered August 14, 2006 in an action for, inter alia, wrongful death. The order denied plaintiffs’ motion for partial summary judgment dismissing an *1469affirmative defense and granted defendant’s cross motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and reinstating the amended complaint and as modified the order is affirmed without costs.

Memorandum:…