Dawkins v. Stone

In an action to recover damages for personal injuries, the defendant Otis Stone appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated May 14, 2004, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

After the plaintiff placed this matter on the trial calendar, the appellant timely moved for summary judgment…