Johnson v. Peconic Diner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the defendants Peconic Diner and Kolpo’s Corp., appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated July 6, 2005, as denied those branches of their motion which were for leave to make a late motion for summary judgment and, thereupon, for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff’s decedent, Salvatore Carbone, allegedly was injured on January…
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