Hayden v. Ward

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Town of Ellicottville dismissed. Memorandum: Supreme Court erred in denying the motions of defendant Town of Ellicottville (Town) for summary judgment dismissing the complaints against it. Molly Hayden, the daughter of plaintiffs in appeal No. 1 and the subrogee of plaintiff in appeal No. 2, was injured when she attempted to cross a road at an intersection at night and was struck by a vehicle. Plaintiffs alleged that the Town was negligent in failing to provide adequate lighting at the…