Danne v. Otis Elevator Corp.

In an action to recover damages for personal injuries, the defendant Cushman & Wakefield, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated August 23, 2005, as denied that branch of its motion which was to dismiss the complaint insofar as asserted against it pursuant to 22 NYCRR 202.27.

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

On January 18, 2005 both remaining parties in this case were scheduled to appear for jury selection and trial on the issue of damages. On that date, both parties did in…