Ostrovsky v. Stern

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Lebowitz, J.), entered April 2, 2014, which granted the plaintiff’s motion for summary judgment on the issue of liability and denied her cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff’s motion for summary judgment on the issue of liability, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs…