Appellate Division of the Supreme Court of the State of New York October 9, 2001 (Spadafora v. Home Depot, Inc.)

—In an action to recover damages *496for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Marlow, J.), dated August 10, 2000, as granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3215 (c).