Rodriguez v. Schwartz

—In an action to recover damages for personal injuries, etc., the defendants Brian Joseph McLaughlin and Frank Peter McLaughlin appeal from an order of the Supreme Court, Kings County (Barron, J.), dated May 14, 1998, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them and the cross claim against them.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint insofar as asserted against the appellants and the cross claim are dismissed, and the action against the remaining defendant is severed.

A driver…