Appellate Division of the Supreme Court of the State of New York April 3, 2007 (Donati v. Tommy's, LLC)

*459In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Westchester County (LaCava, J.), entered November 15, 2005, which, inter alia, granted the motion of the defendant Tommy’s, LLC, doing business as Morningside Pub, for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by his brief,