Appellate Division of the Supreme Court of the State of New York September 28, 2007 (D.F. v. Wedge Mascot Corp.)

Appeal and cross appeal from an order of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered May 18, 2006 in a personal injury action. The order, inter alia, denied the motion of defendant Wedge Mascot Corporation, doing business as South Wedge Car Company, for summary judgment dismissing the amended complaint against it and denied the cross motion *1373of plaintiffs for partial