Little v. County of Suffolk

Hopkins, J. P.,

concurs in the dismissal of the appeals from the order but

otherwise dissents and votes to affirm the judgment, with the following memorandum: On the motion for summary judgment the defendant county proved that the highway in issue was not a county road. No opposing evidence was produced by the plaintiffs that in fact the highway was a county road. The affidavit submitted on behalf of the defendant town did not state that the highway was a county road, and it did not deny that in fact the highway was a town highway. A town is liable for damages resulting from defects in a town…