Schraub v. Town of Hempstead

In an action to recover damages for personal injuries, the defendant Town of Hempstead appeals from so much of an order of the Supreme Court, Nassau County (Murphy, J.), dated June 23, 1989, as denied its motion for summary judgment dismissing the complaint and all cross claims against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contentions of the defendant Town of Hempstead, we conclude that a triable issue of fact exists with respect to whether the defendant town was affirmatively negligent in laying a road patch which had cracked and settled…