Appellate Division of the Supreme Court of the State of New York May 1, 1996 (Pickerell v. Town of Huntington)

OPINION OF THE COURT

Per Curiam.

In this proceeding the Town of Huntington moved, inter alia, for summary judgment in its favor and the claimants cross-moved for partial summary judgment in their favor, to dismiss the Town’s first affirmative defense, and to set the matter down for an immediate trial on the issue of damages.