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MASTRO v. MAIORINO

174 A.D.2d 654 (1991)

Leonard Mastro, Respondent, v. Peter Maiorino et al., Defendants, and Town of Oyster Bay, Appellant. (Action No. 1.) Peter Maiorino et al., Plaintiffs, v. Leonard Mastro, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant; Town of Oyster Bay, Third-Party Defendant-Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1991

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, the complaint in Action Number 1 and the third-party complaint in Action Number 2 are dismissed insofar as they are asserted against the Town of Oyster Bay, all cross claims against it are dismissed, and Action Number 1 against the remaining defendants is severed.

In order to make out a prima facie case of negligence, a...

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