Appellate Division of the Supreme Court of the State of New York December 30, 2004 (Rosati v. Hunt Racing, Inc.)

Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered October 27, 2003. The order, insofar as appealed from, denied the cross motion of defendant Hunt Racing, Inc. for summary judgment dismissing the complaint against it in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.