Lomnitz v. Town of Woodbury

— In a negligence action to recover damages for personal injuries, etc., the defendant Town of Woodbury appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County, entered August 14, 1980, as denied its motion for summary judgment. Order reversed insofar as appealed from, without costs or disbursements, and motion granted. Zachary Lomnitz (hereafter plaintiff) Was injured on August 15, 1976 in the Town of Woodbury when he and his bicycle ended up in an open drainage ditch that runs parallel to Schunnemunk Road. According to his examination before trial,…