VARI, NICOLE v. CAPITANO, PETER A.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 3, 2014. The order, insofar as appealed from, granted those parts of plaintiff’s motion seeking partial summary judgment against defendant Peter A. Capitano on the issue of negligence, and dismissal of defendant Peter A. Capitano’s affirmative defense of comparative negligence.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, and those parts of the motion seeking summary judgment on the issue of defendant Peter A. Capitano’s negligence and…