Cappello v. St. Christopher's—Jennie Clarkson Child Care Services, Inc.

—In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered January 28, 2000, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs to the appellant, the motion is granted, and the complaint is dismissed.

The plaintiff, a teacher’s aide employed by the third-party defendant St. Christopher’s — Union Free School District #12 of the Town of…