DeVito v. Tepper

*806In an action to recover damages for personal injuries, the defendant Jeffrey Tepper appeals from so much of an order of the Supreme Court, Westchester County (Murphy, J), entered June 7, 2006, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 13, 2003 the plaintiff, who was working at a golf course, was struck by a golf cart operated by the appellant’s son, who was approximately 3V2 years old. Before the accident occurred, the appellant parked…