Affleck v. Buckley

appealed from with the following memorandum in which Friedmann, J., concurs. I disagree with the majority that the County of Nassau (hereinafter the County) was entitled to qualified immunity from liability as a matter of law in connection with its determination not to place a traffic signal at the intersection of a private commercial driveway and a busy thoroughfare.

The instant action arises from an automobile collision that occurred on September 11, 1994, at the driveway to the parking lot of the Waldbaum’s Shopping Center on Westbury Avenue in Carle Place. The vehicle driven by the…