Giannattasio v. Han Suk Kang

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), entered July 25, 2005, which, upon the granting of the respective oral motions of the defendants New York City Off-Track Betting Corp. and Han Suk Kang for summary judgment, is in favor of them and against him.

Ordered that the judgment is reversed, on the law, the oral motions are denied, and the matter is remitted to the Supreme Court, Kings County, for trial, with costs to abide the event.

The Supreme Court improperly entertained the defendants’ oral…