Cicalese v. Burier

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated May 21, 2013, which granted the motion of the defendant Sergio Garcia for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Sergio Garcia for summary judgment dismissing the complaint insofar as asserted against him is denied.

On February 11, 2010, the plaintiff was a passenger in a vehicle operated by the defendant Sergio Garcia.…