Martin v. Schwartz

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 26, 2002, which granted the motion of plaintiff, defendant on the counterclaim, and the cross motion of defendant for summary judgment and dismissed the complaint and counterclaim, unanimously reversed, on the law, without costs, the motion denied, said pleadings reinstated and the matter remanded for further proceedings.

On November 11, 1999, plaintiff Radames Acevedo was a passenger in a car owned and operated by plaintiff Janelle Martin when a collision occurred with a car owned and operated by defendant Nanci Schwartz.…