169 A.D.2d 446 | N.Y. App. Div. | 1991
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 10, 1989, which granted defendants’ motion to dismiss the complaint as to defendant Harry De Leyer but denied it as to corporate defendant H.E. Farms, Inc. (Farms), unanimously modified, on the law, to the extent of granting summary judgment in favor of Farms against plaintiffs, and otherwise affirmed, without costs. The clerk is directed to enter judgment in favor of defendant H.E. Farms, Inc., dismissing the complaint as against it.
Order of the same court, entered on or about March 28, 1990, which denied plaintiffs’ renewal motion addressed to the prior order, unanimously affirmed, without costs.
Plaintiff Deborah Landes and her husband commenced this negligence action to recover damages for personal injuries sustained when she fell off one of defendants’ horses at the latter’s livery stable in Suffolk County. After issue was joined, defendant De Leyer successfully moved for summary judgment on his own behalf, but the court denied relief as to the corporate defendant, Farms. We conclude that summary judgment should have also been granted to Farms, and that plaintiffs’ renewal motion was properly denied.
A horse is a "domestic animal” as a matter of law (Agricul
We have considered plaintiffs’ remaining arguments and find them without merit. Concur—Sullivan, J. P., Ross, Rosenberger, Kassal and Wallach, JJ.