Yousef v. Verizon Inc.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 25, 2005, which, upon reargument, adhered to the prior order of the same court and Justice, entered August 11, 2005, which granted the motion of defendant Verizon Inc. for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs. Appeal from the August 11, 2005 order unanimously dismissed, without costs, as superseded by the appeal from the subsequent order.

Although the better practice would have been to plead Vehicle and Traffic Law § 1103 as an affirmative…