Opinion
August 29, 1994
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is affirmed, with costs.
The defendant's contention that the prior written notice laws are a defense to the claim that the road where the fatal accident occurred should have been paved with a different surface is without merit (see, Town Law § 65-a; Town Code of Town of Huntington § 173-18, Hughes v. Jahoda, 75 N.Y.2d 881). In addition, the contention that the Town was entitled to summary judgment because it followed a highway safety plan is without merit as there are questions of fact, inter alia, as to the reasonableness of the delay in formulating the plan, and the reasonableness of the delay in resurfacing the road (see, Alexander v. Eldred, 63 N.Y.2d 460; Friedman v. State of New York, 67 N.Y.2d 271). Bracken, J.P., Altman, Krausman and Goldstein, JJ., concur.