Agurto v. Dela

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered September 21, 2006, which, to the extent appealed from as limited by the briefs, denied the motion by defendants-appellants Dela and Quiroa for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against these defendants. The Clerk is directed to enter judgment accordingly.

*363Under the circumstances of this case, including the lapse of time, we find, as a matter of law, that, even assuming without deciding that Dela was negligent in the…