Ponticello v. Wilhelm

—In an action to recover damages for personal injuries, etc., the plaintiff Santo Ponticello appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated May 8, 1997, which denied his motion for summary judgment dismissing the defendants’ counterclaim and his cross motion for summary judgment on the issue of liability.

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

The undisputed evidence…