Appellate Division of the Supreme Court of the State of New York April 21, 2009 (Glover v. Capres Contracting Corp.)

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered May 7, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants’ orthopedic expert, Dr.