13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley