Appellate Division of the Supreme Court of the State of New York January 24, 2005 (Livingston v. City of New York)

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Queens County (Schulman, J.), dated October 28, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs, for reasons stated by Justice Schulman at the Supreme Court. S. Miller, J.E, Krausman, Mastro and Fisher, JJ.