Cooney v. Town of Oyster Bay

—In an action to recover damages for personal injuries, the defendant Town of Oyster Bay appeals from so much of an order of the Supreme Court, Nassau County (O’Connell, J.), dated April 2, 1997, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.. Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff was attacked by the third-party…