Tishler v. Town of Brookhaven

In an action to recover *612damages for wrongful death and personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Brown, J., on decision; Gowan J., on order), entered May 15, 1992, which denied its motion for summary judgment dismissing the complaint.

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.

On October 19, 1985, at approximately 8:40 p.m., the decedent Thomas N. Tishler, while operating his bicycle in a northbound direction in the southbound lane of Dyke…