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ELLIOT v. COUNTY OF NASSAU

2007-05854.

2008 NY Slip Op 06282

CAROL ELLIOT, appellant, v. COUNTY OF NASSAU, ET AL., respondents, ET AL., defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 15, 2008.

Attorney(s) appearing for the Case

Stewart Law Firm, LLP, Rosedale, N.Y. (Nadira S. Stewart and Steven G. Diamond of counsel), for appellant.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Karen Hutson of counsel), for respondent County of Nassau (no brief filed).

Hopkins & Kopilow, Garden City, N.Y. (Nicholas F. Miraglia of counsel), for respondent Incorporated Village of Valley Stream.

Joseph J. Ra, Town Attorney, Hempstead, N.Y. (Charles O. Heine of counsel), for respondent Town of Hempstead.

Before: ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, RANDALL T. ENG, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Town of Hempstead which was for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision denying that branch of the motion with leave to renew after discovery; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by...

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