Appellate Division of the Supreme Court of the State of New York July 12, 2004 (Singer v. Waldbaums Bay Terrace)

In an action to recover damages for personal injuries, the de*405fendant appeals from so much of an order of the Supreme Court, Queens County (Colar, J.), dated October 15, 2003, as, in effect, denied its motion for summary judgment dismissing the complaint.

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