Appellate Division of the Supreme Court of the State of New York May 17, 2004 (Eltahan v. Rejouis)

*661In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated February 26, 2003, as granted that branch of the motion of the defendant John J. Rejouis which was for summary judgment dismissing the complaint insofar as asserted against him.