Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The plaintiff was attacked by the third-party defendant, Michael Kearney, while in a community park owned by the defendant Town of Oyster Bay. He thereafter commenced this action against, inter alia, the Town, alleging...
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