Hughes v. Jahoda

*882OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the Town’s cross motion for summary judgment dismissing the complaint denied, the plaintiffs’ motion to dismiss the Town’s fourth, fifth and sixth affirmative defenses granted and the matter remitted to Supreme Court, Suffolk County, to pass on the remainder of plaintiffs’ motion.

Plaintiff, Carol Ann Hughes, was injured when a vehicle in which she was a passenger struck a utility pole placed near the pavement of Cove Road in the Town of Huntington. She commenced this action against defendant…