Goetz v. Town of Smithtown

—In an action to recover damages for personal injuries, the defendant Town of Smithtown appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 13, 2002, as denied its motion for summary judgment dismissing the complaint and granted the plaintiffs cross motion for leave to amend the complaint.

Ordered that the order is reversed insofar as appealed from, *368on the law, with costs, the motion is granted, the complaint is dismissed in its entirety, and the cross motion is denied as academic.

The appellant made a prima facie showing of its entitlement to…