Appellate Division of the Supreme Court of the State of New York March 13, 2007 (Connelly v. Shop Rite Supermarkets, Inc.)

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Giacobbe, J.), dated September 15, 2005, as granted that branch of the motion of the defendant Mason Avenue Holding which was for summary judgment dismissing the complaint insofar as asserted against it.