Ortiz v. Smith

*251In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Dye, J.), dated July 10, 2003, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants Steven Smith and Jacqueline Smith hired the plaintiff John Ortiz to sand and refinish the wood floors in their home. After the plaintiff used sealer on the floor in the basement,…