Appellate Division of the Supreme Court of the State of New York November 21, 2002 (Nadel v. Cucinella)

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered October 9, 2001, which granted plaintiffs motion to restore the *251case to the calendar and denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the cross motion, and otherwise affirmed, without costs.