Appellate Division of the Supreme Court of the State of New York December 5, 1996 (Wlasiuk v. Olmsted)

—Cardona, P. J.

Appeal from an order of the Supreme Court (Mugglin, J.), entered December 5, 1995 in Delaware County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff was injured when he fell off a moped which he was operating in defendants’ driveway.