Perez v. City of Peekskill

—In a negligence action to recover damages for personal injuries, (1) the defendant City of Peekskill appeals from so much of an order of the Supreme Court, Westchester County (Rosato, J.), dated October 14, 1993, as denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it and (2) the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied his motion to strike the City of Peekskill’s third affirmative defense.

Ordered that the order is affirmed, insofar as appealed and cross-appealed from, without costs or…