Ende v. Town of Orangetown

—In an action to recover damages for personal injuries, the defendant Town of Orangetown appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated July 31, 1996, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

While we agree with the Supreme Court’s conclusion that issues of fact exist as to which of the defendants ultimately may be proven…