Lomonaco v. Lomonaco's Landscaping, Inc.

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated May 22, 2001, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

*193The plaintiffs commenced this action against the defendant, Lomonaco’s Landscaping, Inc. (hereinafter Lomonaco, Inc.), inter alia, to recover damages for personal injuries sustained by the plaintiff Joseph Lomonaco while Andrew Lomonaco was…