Kingsland v. Factory Mutual System

— Order unanimously reversed on the law without costs and motion granted, in accordance with the following memorandum: At oral argument, plaintiffs asserted that they were pursuing only the negligence cause of action. Accordingly, we do not address the propriety of Special Term’s order relating to other causes of action alleged in the complaint. We conclude that Special Term erred in denying defendant’s motion for summary judgment dismissing the complaint.

"[0]ne who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all”…