Reece v. J.D. Posillico, Inc.

In a consolidated action, inter alia, to recover damages for wrongful death, etc., the defendant J.D. Posillico, Inc., appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated January 7, 2014, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant J.D. Posillico, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

“Generally, a contractual obligation,…