Opinion
No. 2008-00851.
April 21, 2009.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated January 7, 2008, which denied its motion for summary judgment dismissing the complaint.
Tromello, McDonnell Kehoe, Melville, N.Y. (Kevin J. Bryant of counsel), for appellant.
The Gucciardo Law Firm, New York, N.Y. (Paul L. LaClair of counsel), for respondents.
Before: Dillon, J.P., Angiolillo, Leventhal and Chambers, JJ.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion for summary judgment dismissing the complaint is granted.
The motion for summary judgment dismissing the complaint should have been granted ( see Boone v 100 Marcus Dr. Assoc., 61 AD3d 798 [decided herewith]).