McGough v. Cryan, Inc.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated August 16, 2012, which denied its motion for summary judgment dismissing the complaint and granted the plaintiffs cross motion for summary judgment on the issue of liability.

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