Opinion
No. 2007-10933.
December 2, 2008.
In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Nelson, J.), entered October 18, 2007, as granted those branches of the plaintiff's' motion which were for summary judgment on the issue of liability and dismissing the fourth, fifth, and sixth affirmative defenses.
Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Thomas Torto and Jason Levine of counsel), for appellants.
Michael A. Cervini, Jackson Heights, N.Y. (Jonathan B. Seplowe of counsel), for respondents.
Before: Rivera, J.P., Dillon, Covello and McCarthy, JJ. concur.
Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in a companion appeal ( see Castrillon v Oulabed, 57 AD3d 470).