Roldan v. Potamousis

an action to recover damages for personal injuries, the defendant Mario Roldan appeals from an order of the Supreme Court, Kings County (Cohen, J.), dated November 9, 1988, which.denied his motion to dismiss the complaint as against him on condition that the plaintiff serve a note of issue by November 10,1988.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed as against the defendant Mario Roldan, and the action against the remaining defendant is severed.

We find that the court improperly denied the defendant Mario Roldan’s motion to…