Appellate Division of the Supreme Court of the State of New York April 5, 2004 (Weising v. Fairfield Properties)

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated February 7, 2003, as, in effect, denied that branch of their cross motion which was for summary judgment dismissing so much of the complaint as sought to recover damages for negligence.