Phillips v. Baird

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Supreme Court erred in denying the motions of defendants Walter and Joanne Baird and the Town of Wayland for summary judgment dismissing the complaint against them in its entirety. The court also erred in denying the Bairds’ summary judgment motion seeking dismissal of the cross claims asserted against them by the Town of Wayland. These parties established by the tender of evidentiary proof in admissible form that the accident site was on private property owned by the *999Bair…