Ordered that the order is modified, on the law, by deleting the provision thereof denying the cross motion of the defendant Robert S. Leathers for summary judgment and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the complaint is dismissed.
Contrary to the plaintiff's contentions, the defendant Town of Oyster Bay demonstrated its entitlement...
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