Ordered that the order dated July 10, 2008 is reversed, on the facts and in the exercise of discretion, with costs, the order of the Civil Court of the City of New York, Kings County, is reversed, the plaintiff's motion for summary judgment on the complaint is denied, and the defendant's cross motion for summary judgment dismissing the complaint is granted, without prejudice to commencement of a new action.
On November 15, 2000 Jermaine Thomson was injured in an automobile...
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