Appellate Division of the Supreme Court of the State of New York January 8, 2004 (Marks v. Brown)

Cardona, P.J.

Appeal from an order of the Supreme Court (Ferradino, J.), entered April 28, 2003 in Saratoga County, which partially denied defendant Gary H. Pickens’s motion for summary judgment dismissing the complaint against him.

Plaintiff was involved in a motor vehicle accident on January 11, 2000 and another on July 10, 2000.