McCabe v. Town of Brookhaven

In an action to recover damages for personal injuries, the defendant Town of Brookhaven appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated May 30, 2001, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

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…