Appellate Division of the Supreme Court of the State of New York June 2, 2003 (Krisztin v. Oak Beach Inn Corp.)

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Dunn, J.), dated June 17, 2002, which granted the motion of the defendant Town of Babylon pursuant to CPLR 3042 (d) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.