McDermott v. Bahnatka

In an action to recover damages for wrongful death, the plaintiff appeals (1) from an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 21, 2009, which granted the defendants’ separate motions pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them, and (2), as limited by his brief, from so much of an order of the same court dated May 20, 2010, as denied that branch of his motion which was for leave to renew his opposition to the prior motions.

Ordered that the order dated December 21, 2009, is reversed, on the facts and in the exercise of…