Appellate Division of the Supreme Court of the State of New York September 21, 2010 (Smith v. Bywise Holding, LLC)

In an action to recover damages for personal injuries, the defendant Bywise Holding, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Lewis, J), dated January 29, 2010, as, upon, in effect, denying that branch of its motion which was to direct the Clerk of the Court to enter a judgment against it and in favor of the plaintiff in a particular sum,