Appellate Division of the Supreme Court of the State of New York January 24, 2000 (Chapman v. City of New York)

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated September 18, 1998, which granted the plaintiffs’ motion to file a note of issue and denied its cross motion for summary judgment dismissing the complaint.