Appellate Division of the Supreme Court of the State of New York April 4, 2005 (Foster v. Sanchez)

In an action to recover damages for personal injuries, etc., the defendant Frank Mannino appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated May 28, 2004, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.

Ordered that the order is affirmed, without costs or disbursements.