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BRAUNSTEIN v. COUNTY OF NASSAU

294 A.D.2d 323 (2002)

741 N.Y.S.2d 565

SHIRLEE BRAUNSTEIN et al., Appellants, v. COUNTY OF NASSAU et al., Defendants, and TOWN OF HEMPSTEAD, Respondent.

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

Decided May 6, 2002.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the motion of the defendant Town of Hempstead (hereinafter the Town) pursuant to CPLR 4401 to dismiss the complaint insofar as asserted against it. There is no rational process by which the factfinder could base a finding in favor of the plaintiffs (see Szczerbiak v Pilat, 90 N.Y.2d 553). The plaintiffs failed to establish that the Town...

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