Feeney v. Holeman
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Town of Brookhaven appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Rebolini, J.), dated April 6, 2009, as denied its motion for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against it, and the defendant County of Suffolk separately appeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment dismissing the amended complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff-respondent, the motion of the defendant Town of Brookhaven for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against it is granted, and the motion of the defendant County of Suffolk for suminary judgment dismissing the amended complaint insofar as asserted against it is granted.
On October 20, 2004, the defendant Tannith Osborne was driving southbound on Suffolk County Route 51 in the vicinity of its intersection with Eastport Manor Road in the Town of Brookhaven. She was familiar with the roadway, the intersection, and the traffic signals at the intersection. Osborne did not see the traffic light change from green to red, proceeded through the red light, and collided with a car driven by the plaintiff’s decedent, Grace M. Feeney, which was traveling east on Eastport Manor Road.
In the amended complaint, the plaintiff alleged that the defendants Town of Brookhaven and County of Suffolk were negligent in the design and maintenance of the roadway where
Case-law data current through December 31, 2025. Source: CourtListener bulk data.