Lobello v. Town of Brookhaven

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated August 21, 2008, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On February 10, 2005, at approximately 11:30 p.m., the plaintiff allegedly was injured while driving on Moriches Middle Island Road in Manorville, New York, when his vehicle struck a dump truck owned by the defendant Brookhaven Town Highway Dept, (hereinafter the Highway Dept.) and operated by the…