Zannelli v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant John Walker appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Owen, J.), dated January 3, 2005, as denied his cross motion for sum*461mary judgment dismissing the complaint on public policy grounds or, in the alternative, for partial summary judgment on the issue of the plaintiffs comparative negligence.
Ordered that order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the motion of the defendant John Walker which was to dismiss the…
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