Julyan v. Chentfant

Order affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motions for summary judgment seeking to dismiss the complaint in this action to recover damages for personal injuries suffered by plaintiffs’ son. In the procedural posture of these summary judgment motions by defendants, the court must accept plaintiffs’ evidence as true and grant it every favorable inference (see, Hartford Ins. Co. v General Acc. Group Ins. Co., 177 AD2d 1046, 1047). As this Court stated in Weller v Colleges of the Senecas (217 AD2d 280, 283), "There are two distinct doctrines of assumption of…