ANTHONY PINILLA, ETC., res-ap, v. CITY OF NEW YORK, res, PUBLIC ADMINISTRATOR, AS TEMPORARY ADMINISTRATOR OF ESTATE OF MARTIN CADENA, ET AL., APPELLANTS def

ANTHONY PINILLA, ETC., res-ap, v. CITY OF NEW YORK, res, PUBLIC ADMINISTRATOR, AS TEMPORARY ADMINISTRATOR OF ESTATE OF MARTIN CADENA, ET AL., APPELLANTS def — (INDEX NO. 7902/10) In an action to recover damages for personal injuries and wrongful death, (1) the defendant Murtosa & Veiros, Inc., doing business as Sangria Tapas Bar & Restaurant, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered March 22, 2013, as denied that branch of its motion which was for summary judgment dismissing the cause of action asserted against it pursuant to General Obligations Law §11-101 and granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing its cross claims insofar as asserted against the defendant City of New York, (2) the defendant Public Administrator, as temporary administrator of the estate of Martin Cadena, separately appeals, as limited by her brief, from so much of the order as granted the motion of the defendant City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and (3) the plaintiff cross-appeals, as limited by his brief, from so much of the order as granted the motion of the defendant City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

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ANTHONY PINILLA, ETC., res-ap, v. CITY OF NEW YORK, res, PUBLIC ADMINISTRATOR, AS TEMPORARY ADMINISTRATOR OF ESTATE OF MARTIN CADENA, ET AL., APPELLANTS def — (INDEX NO. 7902/10) In an action to recover damages for personal injuries and wrongful death, (1) the defendant Murtosa & Veiros, Inc., doing business as Sangria Tapas Bar & Restaurant, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered March 22, 2013, as denied that branch of its motion which was for summary judgment dismissing the cause of action asserted against it pursuant to General Obligations Law §11-101 and granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing its cross claims insofar as asserted against the defendant City of New York, (2) the defendant Public Administrator, as temporary administrator of the estate of Martin Cadena, separately appeals, as limited by her brief, from so much of the order as granted the motion of the defendant City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and (3) the plaintiff cross-appeals, as limited by his brief, from so much of the order as granted the motion of the defendant City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

ORDERED that the appeal by the Public Administrator, as temporary administrator of the estate of Martin Cadena, from so much of the order as granted those branches of the motion of the defendant City of New York which were for summary judgment dismissing the complaint and the cross claims of the defendant Murtosa & Veiros, Inc., doing business as Sangria Tapas Bar & Restaurant insofar as asserted against it is dismissed, as the Public Administrator, as temporary administrator of the estate of Martin Cadena, is not aggrieved by that portion of the order (see CPLR 5511; Mixon v. TBV, Inc., 76 AD3d 144, 147); and it is further,

ANTHONY PINILLA, ETC., res-ap, v. CITY OF NEW YORK, res, PUBLIC ADMINISTRATOR, AS TEMPORARY ADMINISTRATOR OF ESTATE OF MARTIN CADENA, ET AL., APPELLANTS def

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