Smith v. Town of Brookhaven

— In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated June 7, 2007, as denied that branch of its motion which was for summary judgment dismissing so much of the complaint as alleged negligent design and/or construction of a roadway and failure to post warning signs.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendant, Town of Brookhaven, which was for summary judgment dismissing so much of…