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CURRY v. TOWN OF OYSTER BAY

2021-03132. Index No. 18/20.

216 A.D.3d 617 (2023)

189 N.Y.S.3d 213

2023 NY Slip Op 02297

Edward Curry, Sr., Respondent, v. Town of Oyster Bay et al., Appellants, et al., Defendants.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Frank M. Scalera , Town Attorney, Oyster Bay, NY ( Jeffrey Lesser of counsel), for appellants.

Law Offices of Geoffrey T. Mott, P.C., Woodbury, NY ( Geoffrey T. Mott and Samuel W. Miller of counsel), for respondent.

Iannacci, J.P., Chambers, Zayas and Ford, JJ., concur.

In an action, inter alia, to recover damages for assault and battery, the defendants Town of Oyster Bay, O.B. Sanitation Dept., and Mike Del appeal from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated March 30, 2021. The order denied those defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is modified, on the law...

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