Culotta v. Smithtown Central School District

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 September 23, 2005, which granted the motion of the defendant Smithtown Central School District for summary judgment dismissing the complaint insofar as asserted against it and denied their cross motion for summary judgment on the issue of liability as against the defendant Smithtown Central School Dsitrict.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendant Smith-town…