Appellate Division of the Supreme Court of the State of New York February 1, 2011 (McPhaul v. Mutual of America Life Insurance)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated January 20, 2010, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.