Appellate Division of the Supreme Court of the State of New York November 18, 2008 (Berkowitz v. Spring Creek, Inc.)

In an action to recover damages for personal injuries, etc., the defendant Spring Creek, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Davis, J.), dated February 14, 2008, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it, and the defendants Deluxe Transportation, Inc.