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HEGARTY v. TRACY

2013-11433.

125 A.D.3d 804 (2015)

DONAL HEGARTY et al., Respondents, v. JOHN J. TRACY, JR., Doing Business as CANDLELIGHT INN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 18, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the cause of action to recover damages based upon negligence is granted.

The plaintiff Donal Hegarty (hereinafter the injured plaintiff) allegedly was injured when he was struck on the head with a broomstick by an assailant while in the parking lot outside...

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