Bernardo v. City of Mount Vernon

In an action to recover damages, inter alia, for wrongful death, the defendant City of Mount Vernon appeals, as limited by its *575brief, from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered July 27, 1998, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, 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 defendant is severed.

The plaintiffs 81-year old…