Horan v. Town of Smithtown

Full title: PETER HORAN, Respondent, v. TOWN OF SMITHTOWN et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 1993

194 A.D.2d 714 (N.Y. App. Div. 1993)

601 N.Y.S.2d 803

Opinion

June 21, 1993

Appeal from the Supreme Court, Suffolk County (Floyd, J.).

Ordered that the order is affirmed, without costs or disbursements.

We concur with the trial court that triable issues of fact exist which preclude the granting of the defendants' motion for summary judgment (see, Creighton v. Milbauer, 191 A.D.2d 162). Thompson, J.P., Bracken, Balletta and Eiber, JJ., concur.