Mccomish v. Luciano's Italian Restaurant

In an action to recover damages for personal injuries, the defendants Michael Salvatore and Bernandino Savone appeal from an order of the Supreme Court, Westchester County (Donovan J), entered July 23, 2007, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendants Michael Salvatore and Bernandino Savone for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

The…