Appellate Division of the Supreme Court of the State of New York March 2, 2010 (Zapata v. Louie's Seafood Restaurant, LLC)

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Murphy, J), dated March 31, 2009, as, upon renewal, in effect, vacated a prior determination in an order dated December 17, 2008, denying the defendant’s motion for summary judgment dismissing the complaint, and thereupon granted the