Giaimo v. Roller Derby Skate Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Franco, J.), entered October 16, 1995, which is in favor of the defendant Town of Hempstead dismissing the complaint insofar as asserted against it.
Ordered that the judgment is affirmed, with costs.
The Supreme Court dismissed the complaint against the defendant Town of Hempstead pursuant to CPLR 3216 based on a cross motion by the defendant Roller Derby Skate Corp., which was subsequently withdrawn. Assuming, arguendo, that the Town properly joined in the…
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