Appellate Division of the Supreme Court of the State of New York May 6, 2010 (Ryan v. Powers & Santola, LLP)

Egan Jr., J.

Appeal from an order of the Supreme Court *1274(Lynch, J.), entered October 20, 2009 in Rensselaer County, which, among other things, denied plaintiffs’ motion for partial summary judgment.

While dining at a T.G.I. Friday’s restaurant with his wife and daughter in September 1999, plaintiff Matthew J. Ryan was struck on the head by a highchair being moved by a restaurant employee.