Kawecki v. McAllister

—In an action to recover dam*598ages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered July 25, 1994, as, upon reargument, adhered to its original order dated November 4, 1993, granting the defendant’s motion to dismiss the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

There is no dispute that the vehicle which struck the plaintiff Joseph S. Kawecki was driven by a co-employee, the defendant, and that the accident occurred on their employer’s premises. The defendant moved to…