Rubensccastro v. Alfaro

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered January 24, 2005, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The *437Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

This is a personal injury action which arises out of a motor vehicle accident that occurred on September 11, 2002. Plaintiff Jon Rubensccastro was a passenger in a vehicle owned by defendants Annette and Victor Ruiz. The vehicle was struck by a car owned and operated by…