Magoloff v. Town of Smithtown

—In an action to recover damages for personal injuries, etc., the defendant Pavetec Industries, Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated August 18, 1997, as denied its motion for summary judgment dismissing the complaint and all cross claims 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 and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff…