Fredette v. Town of Southampton

In an action to recover damages for personal injuries, the defendants Lewis Loben and Cynthia Loben appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), entered December 22, 2008, as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

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

The plaintiff alleges that he was riding an off-road motorcycle or “dirtbike” on a trail in a public park owned by the defendant Town of Southampton and was…