Appellate Division of the Supreme Court of the State of New York November 23, 1998 (Brennan v. McCarthy)

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 26, 1997, which granted those branches of the plaintiffs’ motion which were to strike the defendants’ answer and for summary judgment on the issue of liability.