SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
April 21, 2009
RANDY BOONE, ET AL., RESPONDENTS,
100 MARCUS DRIVE ASSOCIATES, APPELLANT.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated January 7, 2008, which denied its motion for summary judgment dismissing the complaint.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL and CHERYL E. CHAMBERS, JJ.
(Index No. 8483/05)
DECISION & ORDER
ORDERED that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion for summary judgment dismissing the complaint is granted.
The motion for summary judgment dismissing the complaint should have been granted (see Boone v 100 Marcus Dr. Assoc.,AD3d [Appellate Division Docket No. 2008-04671; decided herewith]).
DILLON, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.
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