Gonzales v. O'Hagen

In an action to recover damages for professional malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated August 27, 1990, as denied the plaintiff’s motion for partial summary judgment and granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, an employee of the Long Island Rail Road Co. (hereinafter the LIRR), was injured while traveling to work on a LIRR train using a free pass. The plaintiff…