McElrath v. Lakeland Central School District

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated June 1, 2004, as denied that branch of its motion which was for summary judgment dismissing the first and second causes of action.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the first and second causes of *832action to the extent that such claims accrued before January 16, 2002, and substituting therefor a provision…