Johnson v. Davis

In an action to recover damages for personal injuries, the defendants Frank Ferraro and Frank E Ferraro appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated June 15, 2004, which denied their motion for summary *396judgment 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 defendants is severed.

The plaintiff commenced this action to…