Appellate Division of the Supreme Court of the State of New York March 30, 2004 (Batista v. Rivera)

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about June 30, 2003, which denied defendants-appellants’ motion for summary judgment, with leave to renew *309upon the appointment of an administrator for the estate of defendant Victor M. Aponte, Jr., unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against them.