MAY v. TOWN OF ISLIP


207 A.D.2d 872 (1994)

616 N.Y.S.2d 769

Gale J. May, Individually and as Mother and Natural Guardian of James May, an Infant, Respondent, v. Town of Islip, Appellant, et al., Defendants

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

September 26, 1994


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant Town of Islip's motion for summary judgment dismissing the complaint and all cross claims against it is granted, and the action against the remaining defendants is severed.

The Town of Islip (hereinafter the Town) made a prima facie showing of its entitlement to summary judgment by establishing that it neither maintained nor controlled the traffic signal at the intersection...

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