Brabender v. Incorporated Village of Northport

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated March 25, 1994, which granted the defendant’s motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiffs’ two causes of action are based on allegations that the defendant was negligent in the "design, construction and maintenance of Ocean Avenue at or about its intersection *478with Dogwood Road in the…