Kilfoil v. Town of Southold

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Werner, J.), dated May 20, 1993, which granted the defendant’s motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

At the outset, we note that although the Supreme Court treated the defendant’s motion as one to dismiss the complaint for failure to state a cause of action, the plaintiffs responded to the motion as one for summary judgment and submitted evidence to support their allegations in the…