Brody v. Town of Brookhaven

—In an action to recover damages for personal injuries, etc., the defendant Town of Brookhaven appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated September 25, 1992, which denied its motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was injured when he fell from his bicycle when it allegedly struck a pothole or depression in the road. It is undisputed that the defendant Town of Brookhaven had previously covered this…