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GALARDI v. TOWN OF HEMPSTEAD

2017-09040. Index No. 600099/17.

164 A.D.3d 760 (2018)

79 N.Y.S.3d 537

2018 NY Slip Op 05827

Doreen Galardi, Appellant, v. Town of Hempstead et al., Defendants, and County of Nassau, Respondent.

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

Decided August 22, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant County of Nassau pursuant to CPLR 3211 (a) (7) which was to dismiss the complaint insofar as asserted against it is denied.

We disagree with the Supreme Court's determination to, in effect, convert that branch of the motion of the defendant County of Nassau (hereinafter the defendant) pursuant to CPLR 3211 (a) (7) which was to dismiss...

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