SMITH v. TOWN OF BROOKHAVEN


151 A.D.2d 563 (1989)

Elaine Smith, Individually and as Administratrix of The Estate of Robert Smith, Deceased, Respondent, v. Town of Brookhaven, Appellant. (And a Third-Party Action.)

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

June 12, 1989


Ordered that the order is reversed, on the law, with costs, the motion of the defendant Town of Brookhaven for summary judgment dismissing the complaint is granted, and the plaintiff's cross motion, inter alia, to add a cause of action against the defendant Town of Brookhaven to recover damages for wrongful death is denied.

The instant action arose out of a two-vehicle accident which occurred on May 9, 1979, on College Road in Suffolk County, at the entrance...

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