Esposito v. Personal Touch Home Care, Inc.

—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, *338J.), dated January 4, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly granted the defendant’s motion for summary judgment, as the defendant failed to establish its entitlement to judgment as a matter of law. The plaintiffs decedent, who was stricken with multiple sclerosis…