Appellate Division of the Supreme Court of the State of New York August 25, 2009 (Napolitano v. Suffolk County Department of Public Works)

In an action to recover damages for personal injuries, etc., the defendants appeal (1) from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated February 13, 2008, which denied their motion for summary judgment dismissing the complaint, and (2), as limited by their brief, from so much of an order of the same court dated July 30, 2008, as, upon reargument, adhered to the original