Ferrer v. Stofsky

—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Shaw, J.), entered July 28, 1992, which granted the motion of the defendant Mark Stofsky for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The infant appellant was injured in a "hit and run” accident. The license plate number of the automobile which hit the infant was traced to the respondent Mark Stofsky, the lessee of the automobile. In his verified answer,…