Rodriguez v. Lodato Rental, Inc.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated January 4, 1999, which denied their motion to dismiss the defendants’ sixth and seventh affirmative defenses and granted the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs allegedly were injured when the van in which they were riding as passengers was involved in an accident. It is undisputed that the driver of the van, the defendant Belarmino Rodriguez,…