Opinion
February 14, 1995
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the motion of the City of Peekskill for summary judgment because triable issues of fact exist with regard to whether it treated the private road in question as a public road and had exerted control over it (see, Vastola v. City of New York, 289 N.Y. 310). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.