Incardona v. Seavers

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), entered October 13, 1992, which granted the defendant’s motion for summary judgment dismissing the complaint, and denied the plaintiffs’ cross motion for summary judgment in their favor.

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the defendant’s motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the motion; and as so modified, the order is…