Digirolomo v. Goldstein

In an action to recover damages for personal injuries, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), entered November 18, 2011, as denied her motion for summary judgment dismissing the complaint and granted those branches of the plaintiffs cross motion which were for summary judgment *993on the issue of liability and dismissing the fifth affirmative defense.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a home health aide, was assigned by her employer, Better Home Health Care, Inc.…