| Flederbach v Faymen |
| 2009 NY Slip Op 06401 [65 AD3d 1010] |
| September 8, 2009 |
| Appellate Division, Second Department |
| Wendy Flederbach et al., Respondents, v YvacheslavFaymen et al., Defendants, and Suffolk County Department of Public Works, et al.,Appellants. |
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Tinari, O'Connell, Osborn & Kaufman, LLP, Central Islip, N.Y. (Frank A. Tinari ofcounsel), for respondents.
In an action to recover damages for personal injuries, etc., the defendants Suffolk CountyDepartment of Public Works, Suffolk County Police Department, and County of Suffolk appealfrom an order of the Supreme Court, Suffolk County (Emerson, J.), dated April 21, 2008, whichdenied their motion for summary judgment dismissing the complaint insofar as asserted againstthem.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendantsSuffolk County Department of Public Works, Suffolk County Police Department, and County ofSuffolk for summary judgment dismissing the complaint insofar as asserted against them isgranted.
The plaintiffs seek to recover damages from, among others, the defendants Suffolk CountyDepartment of Public Works, Suffolk County Police Department, and County of Suffolk(hereinafter the County defendants) for a motor vehicle accident that occurred on an allegedlyicy or otherwise dangerous roadway. The County defendants established their prima facieentitlement to judgment as a matter of law by submitting an affidavit showing that the County ofSuffolk did not have prior written notice of the condition at issue, and the plaintiffs failed to raisea triable issue of fact in response (see Suffolk County Charter § C8-2A; Ferreira v County of Orange, 34 AD3d724, 725 [2006]; Gold v County ofWestchester, 15 AD3d 439, 440 [2005]).
The plaintiffs' remaining contention is without merit. Dillon, J.P., Florio, Balkin and Austin,JJ., concur.