Appellate Division of the Supreme Court of the State of New York March 11, 2002 (Duff v. Freightliner Corp.)

In an action to recover damages for wrongful *416death, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated May 25, 2001, which upon, in effect, granting renewal of its motion for summary judgment dismissing the complaint insofar as asserted against it, adhered to its prior determination in an order dated September 23, 1999.