Durrett v. Town of Brookhaven

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 17, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, it was not entitled to summary judgment based upon the doctrine of qualified immunity. The decision to install an asphalt berm on the right side of the subject roadway, without adding additional drainage, was not the “product of a deliberative decision making process of the type…