Pancella v. County of Suffolk

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated March 10, 2004, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as it alleged common-law negligence.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as it alleged common-law negligence is granted, and the complaint is dismissed in its…