SCHLEUTER v. TOWN OF BROOKHAVEN


304 A.D.2d 641 (2003)

759 N.Y.S.2d 90

MATTHEW SCHLEUTER, Respondent, v. TOWN OF BROOKHAVEN, Appellant, et al., Defendant.

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

Decided April 14, 2003.


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

In the early morning hours of February 11, 1996, the plaintiff was a passenger in a truck driven by the defendant Kip Spadafore. While driving westbound on North Street in the Town of Brookhaven, Spadafore allegedly skidded on sand, lost control of the vehicle...

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