Gluck v. Nebgen

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Mayer, J.), entered April 17, 2009, which granted that branch of the motion of the defendant NILT, Inc., which was to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (7), and denied their cross motion for summary judgment dismissing the seventh affirmative defense asserted by that defendant alleging that the action is barred by 49 USC § 30106 (the Graves Amendment), and (2) a judgment of the same court entered May 5, 2009,…