Opinion
Submitted June 27, 2001.
August 20, 2001.
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golia, J.), dated July 18, 2000, which denied his motion to dismiss the complaint.
Jaffe Nohavica, New York, N.Y. (Stacy R. Seldin of counsel), for appellant.
Martin, Fallon Mullé, Huntington, N.Y. (Richard C. Mullé of counsel), for respondent.
Before: Fred T. Santucci, J.P., Sondra Miller, Daniel F. Luciano, Sandra J. Feuerstein, Thomas A. Adams, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendant's contention, the fact that the plaintiff settled an uninsured motorist claim against her insurer regarding the accident at issue does not preclude her from bringing the instant action to recover for the defendant's alleged negligence for the same accident (cf., Velazquez v. Water Taxi, 49 N.Y.2d 762; see also, Leto v. Petruzzi, 81 A.D.2d 296).