Hollinden v. City of New York

In an action to recover damages for personal injuries, the defendant City of New York appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), entered November 25, 2011, which granted the plaintiffs motion for summary judgment on the first cause of action insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the first cause of action insofar as asserted against the defendant City of New York is denied.

The plaintiff alleged in his first cause of action that he had been assaulted by the…