Endy v. Village of Nyack

LASKER, District Judge.

Defendant Village of Nyack (“Nyack”) moves to dismiss the complaint based on the absence of diversity between the parties and for failure to state a claim upon which relief can be granted. Nyack also moves for summary judgment on the grounds that uncontroverted facts establish as a matter of law that the death of the decedent, Harold Endy, Jr., did not result from negligence on the part of Nyack. Defendant Michael and Janice McCann, Inc. (“McCann-Inc.”) move for summary judgment on the ground that New York General Obligations Law Section 11-101 McKinney’s (the “Dram…