Appellate Division of the Supreme Court of the State of New York December 28, 2010 (Florio v. Kosimar)

Order, Supreme Court, New York County (Joan B. Carey, J.), entered on or about December 22, 2009, which, insofar as appealed from, as limited by the briefs, denied defendant Arnold Kosimar’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.