Appellate Division of the Supreme Court of the State of New York December 2, 2004 (MacDonald v. Meierhoffer)

Rose, J.

Appeal from an order of the Supreme Court (Canfield, J.), entered October 21, 2003 in Rensselaer County, which granted defendants’ motion for summary judgment dismissing the complaint.

In this action to recover damages for personal injuries arising from a motor vehicle accident, defendants moved for summary judgment dismissing the complaint. They assert that plaintiff Carol A.