Matthews v. Tobias
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant Robert R. Tobias appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated February 6, 1998, which denied his motion for summary judgment dismissing the complaint and cross claim insofar as asserted against him.
Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and cross claim are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
On May 4, 1990, the defendant Robert R. Tobias sold…
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