Marchione v. Battaglia

In an action to recover damages for personal injuries, the defendant Anthony Battaglia appeals from an order of the Supreme Court, Nassau County (Colby, J.), dated January 9, 1992, which denied his motion for summary judgment dismissing the complaint insofar as it is asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.

The various symptoms which the plaintiff claims to have experienced do not make out a prima…