Lewis v. Safety Disposal System of Pennsylvania, Inc.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 23, 2003, which, insofar as appealed from as limited by the briefs, denied the cross motion of defendant Health Care Waste Service, Inc. (Health Care) for summary judgment without prejudice to renewal upon the completion of discovery, unanimously reversed, on the law, without costs, the cross motion granted and the complaint against defendant Health Care dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff, an employee of Newtown Dialysis Center, allegedly sustained personal injuries on February 26,…