• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Skelos, J.P.; Dillon, Hall and Miller, JJ.
EUGENE WYNNE plf-ap, v. HECTOR DIAZ res, FRANCISCO MONTALVO defap — (INDEX NO. 11500/04)In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Farneti, J.), entered November 3, 2011, as, upon so much of an order of the same court dated May 12, 2011, as granted that branch of the motion of the defendants Hector Diaz and DeCosta Contracting, LLC, which was for summary judgment dismissing the complaint insofar as asserted against them, is in favor of those defendants and against the plaintiffs dismissing the complaint insofar as asserted against them, and the defendants Francisco Montalvo and Douglas Weber, as executor of the estates of Mary P. Weber and Arnold Weber, separately appeal, as limited by their brief, from so much of the same judgment as, upon so much of the same order as granted that branch of the motion of the defendants Hector Diaz and DeCosta Contracting, LLC, which was for summary judgment dismissing the cross claim against them, is in favor of those defendants and against them on their cross claim.