Appellate Division of the Supreme Court of the State of New York October 16, 1995 (Monaco v. Harran's Transportation Co.)

—In a negligence action to recover damages for personal injuries, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Roberto, J.), entered May 20, 1994, as granted the branch of the motion of the defendant Harran’s Transportation Co., Inc., and John Cantidate, sued herein as John Smith, which was for summary judgment dismissing the complaint as against them.