Tantuccio v. Marina Holding Corp.

In an action, inter alia, to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Johnson, J.), dated October 14, 2004, as denied that branch of its motion which was for summary judgment dismissing the cause of action to recover damages based on negligence.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the cause of action to recover damages based on negligence is granted, and that cause of action is dismissed.

The…