Kain v. Testa

Appeal from an order of the Supreme Court, Oneida County (John G. Ringrose, A.J.), entered December 20, 2004 in a personal injury action. The order denied the motion of defendant Mello J. Testa, doing business as Club New York, for summary judgment dismissing the amended complaint against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the second cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for…