Libby v. Waldbaum's Inc.

—In an action to recover damages for personal injuries, etc., the defendant Waldbaum’s Inc. appeals from so much of an order of the Supreme Court, Suffolk County (Lama, J.), dated December 15, 1993, as denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant Waldbaum’s Inc. for summary judgment dismissing the complaint insofar as it is asserted against it is granted, and the action against the remaining defendants is severed.

The infant…