Appellate Division of the Supreme Court of the State of New York May 3, 2011 (Krebs v. Town of Wallkill)

In an action to recover damages for personal injuries, the de*743fendant appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated March 17, 2010, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.