Appellate Division of the Supreme Court of the State of New York May 28, 2002 (Falcone v. Khurana)

—In an action to recover damages for personal injuries, the defendant appeals from (1) an order of the Supreme Court, Queens County (LeVine, J.), dated May 10, 2001, which denied his motion for summary judgment dismissing the complaint, and granted that branch of the plaintiff’s cross motion which was to direct the entry of a judgment in his favor in the principal sum of $17,500, and (2) a