Unterweiser v. Town of Hempstead

In an action to recover damages, inter alia, for wrongful death, the plaintiffs appeal (1) from an order of the Supreme Court, Nassau County (Levitt, J.), dated September 21, 1995, which granted the motion of the defendant Edward T. Robinson III to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211 (a) (3), (7), and, sua sponte, dismissed the complaint in its entirety, and (2) as limited by their brief, from so much of an order of the same court dated May 2, 1996, as, upon granting their motion for reargument, in effect, adhered to the original determination.

Ordered…