Batista v. Rivera

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about June 30, 2003, which denied defendants-appellants’ motion for summary judgment, with leave to renew *309upon the appointment of an administrator for the estate of defendant Victor M. Aponte, Jr., unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against them. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.

A van driven by Victor M. Aponte, Jr. and owned by defendant Jelissa Rivera struck the rear of a car…