McArthur v Muhammad

2007 NY Slip Op 09742 [46 AD3d 640]

December 11, 2007

Appellate Division, Second Department

As corrected through Wednesday, February 13, 2008

Patrick W. McArthur, Respondent, v A. WaaleeMuhammad et al., Defendants, and County of Suffolk, Appellant.

—[*1]Christine Malafi, County Attorney, Hauppauge, N.Y. (Christopher A. Jeffreys and KellyGreen of counsel), for appellant.

Lite & Russell, West Islip, N.Y. (Justin N. Lite of counsel), for respondent.

In an action to recover damages for personal injuries and wrongful death, the defendant Countyof Suffolk appeals from an order of the Supreme Court, Suffolk County (Hudson, J.), dated April26, 2007, which denied its motion for summary judgment dismissing the complaint insofar asasserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff's decedent was involved in an automobile accident at the intersection ofCrooked Hill Road and McNair Street in Islip. The plaintiff claims, inter alia, that the defendantCounty of Suffolk was negligent in its traffic planning decisions regarding the subjectintersection.

The matter is before us on a motion by the County for summary judgment dismissing thecomplaint insofar as against it on the ground of qualified immunity. The County failed, however,to tender copies of any of the traffic studies on which it allegedly relied in making its trafficplanning decisions for the subject intersection. Since it was unable to demonstrate the adequacyof those studies (see Scott v City of NewYork, 16 AD3d 485 [2005]), the County therefore failed to establish its prima facieentitlement to judgment as a matter of law (see Ayotte v Gervasio, 81 NY2d 1062[1993]; McArthur v Muhammad, 27AD3d 532 [2006]).[*2]

In light of our determination, we need not reach theparties' remaining contentions. Goldstein, J.P., Fisher, Carni and McCarthy, JJ., concur.