Plante v. Hinton

I *784concur with the majority’s conclusion that Supreme Court improperly denied defendant Darran B. Sullivan’s motion for summary judgment. As to the determination that the motions of defendants Chandler Young Post No. 8162 Veterans of Foreign Wars of the United States, Inc. (hereinafter VFW), the Village of Nassau and the Village of Nassau Police Department were properly granted, I respectfully dissent.

As a starting point, I am of the view that the VFW failed to present sufficient facts entitling it to judgment as a matter of law, thus obviating the necessity of plaintiff to present evidence…