Kofod v. Town of East Hampton

In an action to recover damages for personal injuries, the defendant appeals from an order of the *590Supreme Court, Suffolk County (Floyd, J.), dated September 18,1995, which denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is affirmed, without costs or disbursements.

We agree with the defendant’s contentions that Town Law § 65-a (1) applies to this case because a public parking lot is a highway within the meaning of the statute (see, Stratton v City of Beacon, 91 AD2d 1018, 1019; see also, Zigman v Town of Hempstead, 120 AD2d 520), and that…