Enker v. Slattery Construction Co.

In this action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, 'Kings County, dated July 18, 1969, which denied her motion for partial summary judgment, pursuant to CPLR 3212. Plaintiff sought summary judgment that defendants were negligent, and that the issues of plaintiff’s contributory negligence and her damages be severed and reserved for trial. Order affirmed, with $20 costs and disbursements. We find that Special Term properly denied plaintiff’s motion for the reasons stated in its decision. Moreover, we find that the partial summary…