Appellate Division of the Supreme Court of the State of New York June 15, 1998 (Marin v. Kakivelis)

—In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Nassau County (Winick, J.), dated July 28, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint, and (2), as limited by his brief, from so much of an order of the same court, dated January 7, 1998, as, upon reargument, adhered to the original