Appellate Division of the Supreme Court of the State of New York May 24, 2004 (Cynar v. U.S. Trust Corp.)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated August 13, 2003, 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.