¶1Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered October 19, 2007 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Justin M. Sanmartín for summary judgment dismissing the complaint against him.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, PJ., Hurlbutt, Centra, Green and Gorski, JJ.