Appellate Division of the Supreme Court of the State of New York January 11, 1999 (Velez v. City of New York)

—In an action to recover damages for personal injuries, the defendant Alfred Nietubyc appeals from so much of an order of the Supreme Court, Kings County (Goldberg, J.), dated January 30, 1998, as denied his cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.