Appellate Division of the Supreme Court of the State of New York May 5, 2003 (Spaulding v. S.H.S. Bay Ridge LLC)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated July 19, 2002, which denied its motion for summary judgment dismissing the complaint.

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