Appellate Division of the Supreme Court of the State of New York July 18, 2006 (Cucci v. Cucci)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Fitts, J.), dated October 15, 2004, which denied his motion for summary judgment dismissing the complaint and granted the plaintiffs cross motion for summary judgment on the issue of liability.