Appellate Division of the Supreme Court of the State of New York June 23, 2009 (Duran v. Kijak Family Partners, L.P.)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered July 14, 2008, which granted the defendants’ cross motion for summary judgment dismissing the complaint and, in effect, denied the plaintiff’s motion for summary judgment on the issue of liability on so much of the complaint as alleged a