Penna v. City of New York

—In Em action to recover damages for personal injuries, the defendant Hyster Co. appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated April 29, 1997, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.

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

Since the appellant made a prima facie showing that there was no…