Warlikowski v. Burger King Corp.

In an action to recover damages for personal injuries, the defendant Frymaster, LLC, appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 5, 2002, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiff-respondent, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is…