Boone v 100 Marcus Dr. Assoc.

Boone v 100 Marcus Dr. Assoc. 2009 NY Slip Op 03112 [61 AD3d 798] April 21, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 10, 2009

Randy Boone et al., Respondents,
v
100 Marcus Drive Associates, Appellant.

—[*1] Tromello, McDonnell & Kehoe, Melville, N.Y. (Kevin J. Bryant of counsel), for appellant.

The Gucciardo Law Firm, New York, N.Y. (Paul L. LaClair of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated January 7, 2008, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion for summary judgment dismissing the complaint is granted.

The motion for summary judgment dismissing the complaint should have been granted (see Boone v 100 Marcus Dr. Assoc., 61 AD3d 798 [2009] [decided herewith]). Dillon, J.P., Angiolillo, Leventhal and Chambers, JJ., concur.