Appellate Division of the Supreme Court of the State of New York June 7, 1999 (Sapone v. Commercial Building Maintenance Corp.)

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 28, 1998, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.