Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint and all cross claims are dismissed insofar as asserted against the third-party defendant Town of Brookhaven.
In order to establish a prima facie case of negligence, a plaintiff must first demonstrate the existence of a duty owed by the defendant to the plaintiff. In this case, the third-party defendant Town of Brookhaven did not own the private roadway...
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