Appellate Division of the Supreme Court of the State of New York January 10, 2006 (Campagna v. Arleo)

Fisher, J.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provision thereof granting that branch of the plaintiffs’ cross motion which was for summary judgment on the issue of liability pursuant to General Municipal Law § 205-e, and substituting therefor a provision denying that branch of the cross motion; as so modified, votes to affirm, with