Benitez v. Olson

In an action to recover damages for personal injuries, the defendant Town of Islip appeals from an order of the Supreme *561• Court, Suffolk County (Underwood, J.), dated June 6, 2003, 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 appellant, and the action against the remaining defendants is severed.

The infant plaintiff, Ever S. Benitez, also known as Ebert S. Benitez (hereinafter Ebert), was seriously…