Augello v. Koenig-Rivkin

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated September 3, 2008, as denied his cross motion for summary judgment on the issue of liability and granted those branches of the separate motions of the defendants which were pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against them to the extent of limiting his recovery, if any, to the sum of $175,000, and the defendant Laura Koenig-Rivkin cross-*935appeals, as limited by her notice of…