Levin v. Isayeu

In an action, inter alia, to recover damages for personal injuries, the defendant Sergey Sirik appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated December 17, 2004, which denied his cross motion pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the cross motion is granted, the amended complaint is dismissed insofar as asserted against the defendant Sergey Sirik, and the action against the remaining defendants is severed.

In opposition to the cross motion of the…