Murray v. Wolff

In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 11, 1996, which denied its motion for summary judgment dismissing the third-party complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint and all cross claims are dismissed insofar as asserted against the third-party defendant Town of Brookhaven.

In order to establish a prima facie case of negligence, a…