Appellate Division of the Supreme Court of the State of New York May 1, 2012 (Tapia v. Schindler Elevator Corp.)

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated December 21, 2010, as denied those branches of its motion which were for summary judgment dismissing the complaint or, in the alternative, to strike the complaint pursuant to CPLR 3126.