Worden v. Enser

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Murphy, J.), dated October 7, 1998, which, upon an order of the same court dated July 31, 1998, granting the defendant’s motion for summary judgment, dismissed the complaint.

Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.

Contrary to the defendant’s contention, on this appeal from the final judgment dismissing the complaint, the plaintiff may challenge the propriety of an order dated October 30, 1997,…