FERNANDEZ v. TOWN OF BABYLON

2008-09595, 2008-09598

72 A.D.3d 636 (2010)

897 N.Y.S.2d 510

VIRGINIA NUNEZ FERNANDEZ et al., Appellants, v. TOWN OF BABYLON et al., Respondents. (And a Third-Party Action.)

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

Decided April 6, 2010.


Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Town of Babylon which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed; and it is further,

Ordered that the appeal from so much of the order as granted that branch of the cross motion of the defendant Omni Recycling of Westbury, Inc., which was for summary judgment dismissing the complaint insofar as asserted against...

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