Flanagan v. Kuehn

—On the Court’s own motion, it is ordered that its unpublished decision and order dated February 28, 2000, in the above-entitled action is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover damages for personal injuries, etc., the defendants Peter C. Kuehn and Waltraud Kuehn appeal *453from so much of (1) an order of the Supreme Court, Nassau County (O’Connell, J.), dated May 4, 1999, as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and (2) an interlocutory…