Da Cruz v. Towmasters of New Jersey, Inc.

In an action to recover damages for personal injuries, etc., the defendant Port Authority of New York and New Jersey appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated June 7, 2004, which denied its motion to dismiss the complaint, inter alia, pursuant to CPLR 3211 (a) (2) insofar as asserted against it.

*630Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

We agree with the contention of the defendant Port…