Mugnai v. Town of Oyster Bay

Mugnai v Town of Oyster Bay (2018 NY Slip Op 05323)

Mugnai v Town of Oyster Bay

2018 NY Slip Op 05323

Decided on July 18, 2018

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 18, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
BETSY BARROS, JJ.
2016-02672
(Index No. 600326/14)

Windels Marx Lane & Mittendorf, LLP, New York, NY (Nicole M. Ciolko of counsel), for appellant.

Burns, Russo, Tamigi & Reardon, LLP (Milber Makris Plousadis & Seiden, LLP, Woodbury, NY [Lorin A. Donnelly], of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated January 13, 2016. The order granted the motion of the defendant Town of Oyster Bay for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the appeal from the order is dismissed, with costs, as that order was superseded by an order of the same court dated September 26, 2016, made upon reargument (see Mugnai v Town of Oyster Bay, _____ AD3d _____ [Appellate Division Docket No. 2016-12422; decided herewith]).

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court