Ferreira v. Cellco Partnership

In an action, inter alia, to recover damages for personal injuries, the defendant Incorporated Village of Garden City appeals from an order of the Supreme Court, Nassau County (Bruno, J.), dated September 17, 2012, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action.

*778Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Incorporated Village of Garden City pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is granted.

The…