Spadaro v. Parking Sys. Plus, Inc.

• Decision Date: 29 January 2014
• Citation: 979 N.Y.S.2d 627,113 A.D.3d 833,2014 N.Y. Slip Op. 00494
• Court: New York Supreme Court — Appellate Division
• Parties: Louise SPADARO, etc., appellant, v. PARKING SYSTEMS PLUS, INC., et al., respondents, et al., defendants.

113 A.D.3d 833
979 N.Y.S.2d 627
2014 N.Y. Slip Op. 00494

Louise SPADARO, etc., appellant,
v.
PARKING SYSTEMS PLUS, INC., et al., respondents, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 29, 2014.

[979 N.Y.S.2d 628]

Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, New York, N.Y. (Ben B. Rubinowitz and Richard M. Steigman of counsel), for appellant.

Baron Law Firm, PLLC, East Northport, N.Y. (Louis A. Badolato and Jeffrey T. Baron of counsel), for respondents Parking Systems Plus, Inc., and Island Valet Service, Inc.

Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola, N.Y. (Norman H. Dachs of counsel), for respondent S&K Restaurant Corp.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.

In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), entered June 3, 2011, as granted those branches of the motion of the defendant S&K Restaurant Corp. and the cross motion of the defendants Parking Systems Plus, Inc., and Island Valet Service, Inc., which were for summary judgment dismissing the complaint insofar as asserted against each of them and denied her cross motion pursuant to CPLR 3126 to strike the answers of those defendants, (2) from a judgment of the same court dated September 19, 2011, which, upon the order, in effect, severed the action against the defendant S&K Restaurant Corp. and is in favor of that defendant and against her, dismissing the complaint insofar as asserted against that defendant, and (3) from a judgment of the same court dated December 6, 2011, which, upon the order, in effect, severed the action against the defendants Parking Systems Plus, Inc., and Island Valet Service, Inc., and is in favor of those defendants and against her, dismissing the complaint insofar as asserted against those defendants. The notice of appeal from the order is deemed also to be a notice of appeal from the judgments ( seeCPLR 5501[c] ).

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgments are reversed, on the law, those branches of the motion of the defendant S&K Restaurant Corp. and the cross motion of the defendants Parking Systems Plus, Inc., and Island Valet Service, Inc., which were for summary judgment dismissing the complaint insofar as asserted against each of them are denied, and the order is modified accordingly; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff, payable by the respondents appearing separately and filing separate briefs.

[979 N.Y.S.2d 629]

The appeal from so much of the...