Appellate Division of the Supreme Court of the State of New York November 2, 1998 (Tannenbaum v. Town of Hempstead)

—In an action to recover damages for personal injuries, the defendant Town of Hempstead appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated October 28, 1997, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.