Maher v. C & A Auto Parts, Inc.

—In an action, inter alia, to recover damages for wrongful death, the defendants C & A Auto Parts, Inc., Robert Bergstrand, and Arthur Leuck appeal from an order of the Supreme Court, Queens County (Berke, J.), dated December 16, 1999, 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 costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The…