McCABE v. TOWN OF BROOKHAVEN


289 A.D.2d 541 (2001)

735 N.Y.S.2d 608

GARRETT McCABE, Respondent, v. TOWN OF BROOKHAVEN, Appellant, et al., Defendant.

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

Decided December 31, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the Town of Brookhaven, and the action against the remaining defendant is severed.

The plaintiff was riding his motorcycle northbound on Cenacle Road in Ronkonkoma, and the defendant Megan Hoffman was traveling southbound in her vehicle. Both parties accuse the other of crossing the double-yellow line which divides the road. Both...

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