Malester v. Rampil

In an action to recover damages for personal injuries, the defendants Kenny Barrios and Boris J. Ortiz appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Sampson, J.), dated October 29, 2013, as denied their motion for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against them and, in effect, denied that branch of their separate motion which was pursuant to 22 NYCRR 202.21 to vacate the note of issue.

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, denying…