New York Supreme Court June 14, 1988 (Stromberg v. Town of Oyster Bay)

OPINION OF THE COURT

Beatrice S. Burstein, J.

Defendant Town of Oyster Bay (the Town) seeks judgment dismissing plaintiffs’ complaint as against it, pursuant to CPLR 3212, on the ground it fails to state a cause of action. The Town contends that even if plaintiffs’ allegations are proven, liability against it will not lie as a matter of law.