Gomez v. City of New York

In an action to recover damages for personal injuries, the defendants City of New York, New York School Construction Authority, and United States Rebar appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Battaglia, J.), dated February 28, 2007, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is modified, on the law, by deleting the *523provision thereof denying that branch of the appellants’ motion which was for summary judgment dismissing the complaint…