Appellate Division of the Supreme Court of the State of New York February 13, 2013 (Rivera v. Bruchim)

In an action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Kings County (Lewis, J.), dated January 13, 2012, which, in effect, denied a motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against Jacob Bruchim and granted the plaintiffs’ cross motion, in effect, to appoint American Transit Insurance Company to act