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HUERTAS v. TOWN OF SMITHTOWN

2020-06481, Index No. 38837/07.

2024 NY Slip Op 01799

ROBERT HUERTAS, Respondent, v. TOWN OF SMITHTOWN, Appellant, ET AL., Defendants.

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

Decided April 3, 2024.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby , of counsel), for appellant.

Hasapidis Law Offices, South Salem, NY ( Annette G. Hasapidis , of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Cheryl E. Chambers, Deborah A. Dowling, Lillian Wan, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Town of Smithtown appeals from an order of the Supreme Court, Suffolk County (Denise F. Molia, J.), dated August 17, 2020. The order denied that defendant's motion for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Town of Smithtown for summary judgment...

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