Oakley v. Town of Brookhaven

• Decision Date: 05 June 2000
• Court: New York Supreme Court — Appellate Division
• Parties: PATRICIA OAKLEY et al., Respondents,<BR>v.<BR>TOWN OF BROOKHAVEN et al., Appellants.

273 A.D.2d 211

709 N.Y.S.2d 431

PATRICIA OAKLEY et al., Respondents,

v.TOWN OF BROOKHAVEN et al., Appellants.

Decided June 5, 2000.

Sullivan, J.P., McGinity, H. Miller and Smith, JJ., concur.

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 to the defendants' fault (see, Vehicle and Traffic Law § 1103 [b]). Therefore, the defendants' motion for summary judgment should be granted and the complaint dismissed (see generally, Zuckerman v City of New York, 49 NY2d 557; Bliss v State of New York, 272 AD2d 567; Wilson v State of New York, 269 AD2d 854).