Ordered that the interlocutory judgment is reversed, on the law, with costs, the motion of the defendant Town of Oyster Bay pursuant to CPLR 4401 for a judgment as a matter of law is granted, the complaint is dismissed insofar as asserted against that defendant, and the order entered July 14, 2010, is modified accordingly.
A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court determines that, upon the evidence presented...
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