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HEATON v. CLEVELAND

5 A.D.3d 999 (2004)

773 N.Y.S.2d 335

LISA LEE HEATON, Respondent, v. JACKIE CLEVELAND et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and as modified the order is affirmed without costs.

Memorandum:

Supreme Court erred in granting plaintiff's cross motion seeking partial summary judgment on liability. Plaintiff commenced this action to recover damages for injuries she sustained when a mattress flew out of the...

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