Exantus v. Town of Ossining

—In a negligence action to recover damages for personal injuries, etc., the defendants Town of Ossining and Josette J. Polzella appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 2, 1998, as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The submission of the police accident report containing a diagram of the accident scene prepared by a State…