Flanel v. Maglione Italian Ices

—In an action to recover damages for personal injuries, etc., the plaintiffs David Flanel and Deborah Flanel appeal from an order of the Supreme Court, Nassau County (Franco, J.), dated October 8, 1998, which denied their motion for partial summary judgment on the issue of liability against the defendants Maglione Italian Ices and Rafael Valle.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.

Once the proponent of a motion for summary judgment makes a prima…