Kress v. Allen

*986Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 20, 2003. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action to recover damages for serious injuries allegedly sustained by him when his vehicle was rear-ended by one driven and owned by defendant. Supreme Court properly denied defendant’s motion for summary…