Mugnai v Town of Oyster Bay, 2018 NY Slip Op 05323 [163 AD3d 835]

July 18, 2018

Appellate Division, Second Department

[*1]

Toni-Ann Mugnai, an Infant, by Her Parent and Natural Guardian, Jeannine Mugnai, Appellant,

v

Town of Oyster Bay, Respondent, et al., Defendant.

Windels Marx Lane & Mittendorf, LLP, New York, NY (Nicole M. Ciolko of counsel), for appellant.

Burns, Russo, Tamigi & Reardon, LLP (Milber Makris Plousadis & Seiden, LLP, Woodbury, NY [Lorin A. Donnelly], of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated January 13, 2016. The order granted the motion of the defendant Town of Oyster Bay for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the appeal from the order is dismissed, with costs, as that order was superseded by an order of the same court dated September 26, 2016, made upon reargument ( see Mugnai v Town of Oyster Bay , 163 AD3d 835 [2018] [decided herewith]). Dillon, J.P., Chambers, Maltese and Barros, JJ., concur..