—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Randy C. Mallaber of counsel), for defendants-appellants.

Michael G. Cooper, Hamburg, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Gerald J. Whalen, J.), entered October 17, 2006 in a personal injury action. The order, insofar as appealed from, granted those parts of plaintiff's cross motion for partial summary judgment on the issues of negligence, proximate cause and liability, dismissed the second affirmative defense and denied as moot defendants' motion to bifurcate the trial.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Fahey and Pine, JJ.