Maldonado v. County of Suffolk

In an action to recover damages for personal injuries and wrongful death, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated November 18, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On April 5, 1992, at approximately 12:00 a.m., the plaintiffs decedent, Chun Cha Maldonado, was a passenger in a vehicle operated by a nonparty, Oksu Manete, on Veterans Memorial Highway in Hauppauge. A Highway Eatrol Officer…