Berardi v. Incorporated Village of Garden City

In an action to recover damages for personal injuries, etc., the defendant Incorporated Village of Garden City appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered July 27, 2012, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Incorporated Village of Garden City for summary judgment dismissing the complaint insofar as asserted against it is granted.

On February 17, 2010, at about 9:30 p.m., the plaintiff Anthony Berardi…