Hegarty v. Tracy

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Connolly, J.), dated September 23, 2013, as denied that branch of his motion which was for summary judgment dismissing the cause of action to recover damages based upon negligence.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the cause of action to recover damages based upon negligence is granted.

The…