Windvand v. 4612 13th Avenue Realty Corp.

—In an action to recover damages for personal injuries, the defendant 4612 13th Avenue Realty Corp. appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated April 19, 1999, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

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

The appellant established that it was an…