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KIM v. DOE

2008-914 Q C.

25 Misc.3d 65 (2009)

2009 NY Slip Op 29332

LARRY KIM et al., Appellants, v. JOHN DOE, Defendant, and PATRIOT FORD et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Michael A. Cervini, P.C., Jackson Heights (Robin Mary Heany of counsel), for appellants.

Morenus Conway Goren & Brandman, Melville (Christopher M. Lochner of counsel), for Patriot Ford, respondent.

Havkins Rosenfeld Ritzert & Varriale, LLP, New York City (Gregg S. Scharaga of counsel), for Ford Motor Company, respondent.

PESCE, P.J., and RIOS, J., concur. GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, so much of the motion by defendant Ford Motor Company, and of the cross motion by defendant Patriot Ford, as sought summary judgment on the ground that the action against them is barred pursuant to a release denied, complaint reinstated, and matter remitted to the Civil Court for a determination of said defendants' respective motions insofar as they sought summary judgment...

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