TANYA HARTMAN, ETC., res-ap, v. MILBEL ENTERPRISES, INC., DOING BUSINESS AS DUVET RESTAURANT AND LOUNGE APPELLANTS-RESPONDENTS def

TANYA HARTMAN, ETC., res-ap, v. MILBEL ENTERPRISES, INC., DOING BUSINESS AS DUVET RESTAURANT AND LOUNGE APPELLANTS-RESPONDENTS def — (INDEX NO. 29978/09)In an action, inter alia, to recover damages for wrongful death, the defendants Milbel Enterprises, Inc., doing business as Duvet Restaurant and Lounge, N.E.C. Security Consultants, Inc., Belkin Family Limited Partnership, Edward Belkin, and Sabina Belkin appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Battaglia, J.), dated March 20, 2013, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them and their separate cross motion for the issuance of a so-ordered subpoena, the defendant Anthony Taylor separately appeals, as limited by his brief, from so much of the same order as denied his motion for summary judgment dismissing the complaint insofar as asserted against him, and the plaintiff cross-appeals, as limited by her brief, from so much of the same order as denied her cross motion for summary judgment on the issue of liability and, in effect, dismissing the counterclaim and the affirmative defenses of the defendant Anthony Taylor.

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TANYA HARTMAN, ETC., res-ap, v. MILBEL ENTERPRISES, INC., DOING BUSINESS AS DUVET RESTAURANT AND LOUNGE APPELLANTS-RESPONDENTS def — (INDEX NO. 29978/09)In an action, inter alia, to recover damages for wrongful death, the defendants Milbel Enterprises, Inc., doing business as Duvet Restaurant and Lounge, N.E.C. Security Consultants, Inc., Belkin Family Limited Partnership, Edward Belkin, and Sabina Belkin appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Battaglia, J.), dated March 20, 2013, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them and their separate cross motion for the issuance of a so-ordered subpoena, the defendant Anthony Taylor separately appeals, as limited by his brief, from so much of the same order as denied his motion for summary judgment dismissing the complaint insofar as asserted against him, and the plaintiff cross-appeals, as limited by her brief, from so much of the same order as denied her cross motion for summary judgment on the issue of liability and, in effect, dismissing the counterclaim and the affirmative defenses of the defendant Anthony Taylor.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying those branches of the plaintiff’s cross motion which were for summary judgment on the issue of liability against the defendant Anthony Taylor and, in effect, dismissing the counterclaim and affirmative defenses of that defendant, and substituting therefor a provision granting those branches of the plaintiff’s cross motion; as so modified, the order is affirmed, without costs or disbursements.

TANYA HARTMAN, ETC., res-ap, v. MILBEL ENTERPRISES, INC., DOING BUSINESS AS DUVET RESTAURANT AND LOUNGE APPELLANTS-RESPONDENTS def

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