McElwain v. Olashansky

—In an action to recover damages for personal injuries, the defendant Lenny & John Pizzeria appeals from an *395order of the Supreme Court, Kings County (I. Aronin, J.), dated April 12, 1994, which denied its motion for summary judgment dismissing the complaint as against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed as against the defendant Lenny & John Pizzeria, and the action against the remaining defendant is severed.

On April 20, 1989, the plaintiff, while a pedestrian, was struck by a motor vehicle owned and operated by the…