Jackson v. Diabate

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 14, 2000, which, to the extent appealed from, denied defendant-appellant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against him.

Defendant-appellant, the driver of the vehicle in which plaintiff was a passenger, was entitled to summary judgment in this personal injury action inasmuch as plaintiff’s unrebutted testimony conclusively…