Dickerson v. Diaz

—In an action to recover damages for personal injuries, the defendant Davila Diaz appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), entered January 7, 1998, as denied her cross motion for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff was struck by a van as…