Bockstruck v. Town of Islip

• Docket Number: 2019-13793,Index No. 8516/11
• Decision Date: 02 August 2023
• Citation: 2023 NY Slip Op 04100
• Parties: Kathy Bockstruck, et al., appellants-respondents, v. Town of Islip, et al., defendants, Suffolk County Water Authority, respondent-appellant, West Islip Post, #1738-American Legion, Inc., respondent.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 04100

Kathy Bockstruck, et al., appellants-respondents,
v.
Town of Islip, et al., defendants, Suffolk County Water Authority, respondent-appellant,

West Islip Post, #1738-American Legion, Inc., respondent.

No. 2019-13793, Index No. 8516/11

Supreme Court of New York, Second Department

August 2, 2023

Edelman, Krasin, & Jaye, PLLC, Westbury, NY (Monica P. Becker of counsel), for appellants-respondents.

La Salle, La Salle & Dwyer, P.C., Sea Cliff, NY (Danielle M. Reinbachs and Sean P. Dwyer of counsel), for respondent-appellant.

Goldberg Segalla, LLP, White Plains, NY (William T. O'Connell of counsel), for respondent.

COLLEEN D. DUFFY, J.P. JOSEPH J. MALTESE DEBORAH A. DOWLING BARRY E. WARHIT, JJ.

DECISION & ORDER

In a consolidated action to recover damages for personal injuries, etc., the plaintiffs appeal, and the defendant Suffolk County Water Authority cross-appeals, from an order of the Supreme Court, Suffolk County (Sanford Neil Berland, J.), dated October 2, 2019. The order, insofar as appealed and cross-appealed from, granted that branch of the motion of the defendant West Islip, Post #1738-American Legion, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it. The order, insofar as cross-appealed from, also denied those branches of the motion of the defendant Suffolk County Water Authority which were for summary judgment dismissing the complaint insofar as asserted against it or for leave to renew its prior motion for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the cross-appeal from so much of the order as granted that branch of the motion of the defendant West Islip, Post #1738-American Legion, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as the cross-appellant is not aggrieved by this portion of the order (see Mixon v TBV, Inc., 76 A.D.3d 144, 152-156); and it is further, ORDERED that the order is affirmed insofar as appealed from and insofar as reviewed on the cross-appeal; and it is further, ORDERED that one bill of costs is awarded to the respondent payable by the appellants-respondents and the respondent-appellant.

In August 2012, the plaintiff Kathy Bockstruck, and her husband suing derivatively, commenced this action against, among others, the Suffolk County Water Authority (hereinafter the Water Authority), to recover damages for personal injuries they alleged...