Appellate Division of the Supreme Court of the State of New York December 15, 2003 (Rao v. Hatanian)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated May 7, 2003, which denied his motion for summary judgment dismissing the complaint.

*617Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.