Malkmes v. Town of Brookhaven

In an action to recover damages for personal injuries, etc., the third-party defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Brown, J.), entered June 26, 1990, as denied that branch of her motion which was for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The infant plaintiff was injured in a sledding accident in a sump facility owned by the defendant Town. He had gained access…