It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in its entirety and the amended complaint against defendants Town of Eden and John H. McCarthy, individually and in his capacity as a Town of Eden Police Officer, is dismissed.
Memorandum:
Supreme Court erred in denying that part of the motion of the Town of Eden and Town of Eden Police Officer John H....
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