Appellate Division of the Supreme Court of the State of New York March 24, 2003 (Bruce v. Lawrence)

—In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Kings County (Gammer, J.), dated March 6, 2002, which denied his motion for summary judgment and granted that branch of the defendants’ cross motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Clifford Smith, and (2), as