ALEXANDER TORO, ap, v. FRIEDLAND PROPERTIES, INC., ET AL., RESPONDENTS DEFENDANT (AND A THIRD-PARTY ACTION) (INDEX NO. 8062/10)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated June 18, 2012, which granted the motion of the defendants Friedland Properties, Inc., Lawrence Friedland, Melvin Friedland, New Town Pizza Broadway, Inc., and New Pizza Town, Inc., for summary judgment dismissing the amended complaint insofar as asserted against them and, in effect, to vacate so much of a prior order of the same court dated February 24, 2011, as granted the plaintiff leave to enter a default judgment against the defendant New Town Pizza Broadway, Inc., and, in effect, denied, as academic, that branch of his cross motion which was to restore the action insofar as asserted against the defendants Friedland Properties, Inc., Lawrence Friedland, Melvin Friedland, New Town Pizza Broadway, Inc., and New Pizza Town, Inc., to the trial calendar.
ORDERED that the order dated June 18, 2012, is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendants Friedland Properties, Inc., Lawrence Friedland, Melvin Friedland, New Town Pizza Broadway, Inc., and New Pizza Town, Inc., which was for summary judgment dismissing the amended complaint insofar as asserted against them and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof, in effect, denying, as academic, that branch of the plaintiff’s cross motion which was to restore the action insofar as asserted against those defendants to the trial calendar; as so modified, the order is affirmed, with costs payable to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for a new determination of that branch of the plaintiff’s cross motion which was to restore the action insofar as asserted against the defendants Friedland Properties, Inc., Lawrence Friedland, Melvin Friedland, New Town Pizza Broadway, Inc., and New Pizza Town, Inc., to the trial calendar.
