Gorey v. P. Chimento Co.

—In an action to recover damages for personal injuries, the defendant C & L Auto Service, Inc., appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated June 21, 1994, which denied its motion for summary judgment dismissing the complaint and all cross claims 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 they are asserted against the defendant C & L Auto Service, Inc., and the action against the remaining defendants is severed.

The plaintiff was riding his bicycle…