Bailey v. Veitch

Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered June 23, 2005 in a personal injury action. The order granted the motions of defendants for summary judgment dismissing the complaint against them and denied plaintiffs cross motion for partial summary judgment on liability.

It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying the motions and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action, individually and on behalf of his…