Gillan v. Town of Clarkstown

—In an action to recover damages for personal injuries, the defendant Town of Clarkstown appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated June 10, 1997, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Town of Clarkstown, and the action against the remaining defendants is severed.

It is undisputed that the Town did not, under Town Law § 65-a (1) and Town of…