Ennis v. Northeast Mines, Inc.

—In related actions to recover damages for wrongful death, the defendant Town of Smith-town appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 18, 1991, as, upon reargument, adhered to an original determination, made in an order dated May 16, 1991, denying its motion for summary judgment dismissing the complaint in Action No. 2 insofar as it is asserted against it and any cross claims against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiffs-respondents, so…