Sacco v. Hoyt

Appeal from that part of a resettled order of Supreme Court, Oswego County (McCarthy, J.), entered September 12, 2001, that denied the motion of defendant Town of Richland for summary judgment dismissing the complaint and cross claim against it.

It is hereby ordered that the resettled order so appealed from be and the same hereby is affirmed with costs for the reasons stated at Supreme Court, Oswego County, McCarthy, J.

All concur except Hayes, J., who dissents and votes to reverse the resettled order insofar as appealed from. I respectfully dissent. Plaintiff commenced this action seeking…