Defendant Town of Oyster Bay (the Town) seeks judgment dismissing plaintiffs' complaint as against it, pursuant to CPLR 3212, on the ground it fails to state a cause of action. The Town contends that even if plaintiffs' allegations are proven, liability against it will not lie as a matter of law. This requires the court to decide an issue of apparent first impression in New York, specifically, whether a municipality can be held...
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