Oakley v. Town of Brookhaven

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered June 23, 1999, as denied their motion for summary judgment dismissing the complaint.

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

The defendants established a prima facie case for judgment in their favor as a matter of law. Contrary to the plaintiffs’ contention, they failed to raise a triable issue of fact as…