Appellate Division of the Supreme Court of the State of New York July 27, 2000 (Jackson v. Diabate)

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 14, 2000, which, to the extent appealed from, denied defendant-appellant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against him.