Michels v. Weinstock

OPINION OF THE COURT

John S. Lockman, J.

Motion by defendants Stanley Weinstock and Jean Weinstock for summary judgment dismissing the complaint is granted to the extent that the complaint is dismissed for failure to state a cause of action. (CPLR 3211 [a] [7].)

On June 22, 1984 there was an accident between a moped being operated by plaintiff James J. Michels, then 16 years of age, and a motor vehicle owned and operated by Wayne Weinstock, then 20 years of age. Plaintiff James Michels’ right leg was allegedly severed and reattached by microsurgery. The complaint alleges that defendants Stanley…