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MISA v. TOWN OF BROOKHAVEN

2020-04032 Index No. 610142/16.

212 A.D.3d 804 (2023)

181 N.Y.S.3d 654

2023 NY Slip Op 00316

William Misa, Respondent, v. Town of Brookhaven et al., Defendants, and Top of the Bay Restaurant et al., Appellants.

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Lawrence B. Lambert and Todd Weisman of counsel), for appellants.

Gruenberg Kelly Della, Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for respondent.

Dillon, J.P., Chambers, Ford and Dowling, JJ., concur.

In an action to recover damages for personal injuries, the defendants Top of the Bay Restaurant and Action Building Supply Corp. appeal from an order of the Supreme Court, Suffolk County (George M. Nolan, J.), dated May 8, 2020. The order, insofar as appealed from, denied that branch of those defendants' cross-motion which was for summary judgment dismissing the second amended complaint insofar as asserted against them.

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