Motorcyclist Killed in Motor Vehicle Crash

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in North Babylon. 

The 28 year old male  was operating his 2006 Suzuki motorcycle eastbound on Sunrise Highway, at a high rate of speed, when he attempted to change lanes. His motorcycle struck the rear of a 2003 International flatbed tow truck, and the motorcyclist was ejected  onto the roadway. He was then run over by an eastbound vehicle whose driver did not stop.

The victim, of Glenmore Avenue, Brentwood, was transported to Good Samaritan Hospital Medical Center in West Islip where he was pronounced dead. The driver of the flatbed, a 54 year old male of Newham Avenue, Brentwood, was not injured in the crash.

The motorcycle was impounded for safety checks, and the tow truck was examined at the scene by the Suffolk County Police Motor Carrier Safety Unit.

Pedestrian Seriously Injured in Motor Vehicle Crash

Suffolk County Police Fifth Squad Detectives are investigating a motor vehicle crash that seriously injured a woman in North Patchogue. 

A 33 year old male, of North Patchogue, was driving a 2001 Honda Civic north on North Ocean Avenue when he struck a pedestrian near Shaber Road. 

The pedestrian, a 29 year old female,  was transported by North Patchogue Ambulance to Brookhaven Memorial Hospital where she is listed in serious condition.  

Teen Seriously Injured in Central Islip Crash

Suffolk County Police Third Squad detectives are investigating a crash that seriously injured a teen in Central Islip.

A 15-year-old male was driving a 1998 Honda when he attempted to make a left turn from Brier Street to southbound Route 111 and his vehicle collided with a National Grid truck traveling northbound on Route 111.  The Honda also collided with a 1998 Mazda, driven by a 32-year-old male.

The 15-year-old male was airlifted by Suffolk County Police Helicopter to Stony Brook University Hospital where he is listed in serious condition. The 34-year-old male driver of the National Grid truck was not injured. Three passengers in the Mazda and one passenger in the Honda were treated for minor injuries and released from Southside Hospital in Bay Shore.

Unidentified Pedestrian Killed in Motor Vehicle Crash

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a pedestrian in Copiague.

A 33 year old woman was travelling eastbound in the left lane of Sunrise Highway at Albany Avenue when her vehicle, a 2011 Honda Odyssey, struck a pedestrian who crossed in front of her. 

The pedestrian, an unidentified black female in her late 40s to early 50s, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.

The driver, of Donna Place in East Islip, was transported to Good Samaritan Medical Center in West Islip with minor injuries.

Pedestrian in Critical Condition After Being Struck by Car

Suffolk County Police Fifth Squad detectives are investigating a motor vehicle crash that left a Virginia man in critical condition in Bohemia. 

The man was attempting to cross Veterans Memorial Highway from the north side of the road to the south side at Artic Avenue when he was struck by a 2004 Honda Civic. The driver of the Civic was driving eastbound on Veterans Memorial Highway when he struck the man. The victim was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue where he was in serious condition.  

Man Arrested, Pedestrian Killed in Hit and Run Crash

Suffolk County Police arrested a man in connection with a hit and run crash that killed a pedestrian on Route 347 in Hauppauge. 

The victim  was walking eastbound on Route 347, west of South Plaisted Avenue, when he was struck by a 2006 Honda. The 23 year old victim,  of Nesconset, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  The driver left the scene of the crash, and was arrested a short time later.

Man Dies in Single-Car Crash

Suffolk County Police Second Squad detectives are investigating a single-car crash that killed the driver in Melville. 

A man was driving a 2000 Nissan Altima east on the Long Island Expressway when his vehicle left the roadway, east of Route 110, struck a light pole and proceeded into a wooded area on Express Drive South. The vehicle caught fire and became fully engulfed. The driver, who has not been positively identified, was pronounced dead by a physician assistant from the Office of the Suffolk County Medical Examiner.

Pedestrian Killed in Hit-and-Run Crash

Suffolk County Police First Squad detectives are investigating a hit-and-run crash that killed a pedestrian in West Babylon.   

A passing motorist observed a woman leaning against the center median on westbound Sunrise Highway, 500 feet west of Jerome Avenue. The driver turned around and returned to check on the woman’s welfare and at that point, other motorists had stopped. The woman, of  200 Farmers Ave., North Lindenhurst, was lying in the left lane, dead.  She was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  

Detectives believe the woman was struck by a vehicle that fled the scene. There are no known witnesses to this incident nor is there any information regarding the type of vehicle that struck the woman.  

Schools and Negligent Supervision

Hunter Geywits, an Infant, by His Mother and Guardian, AMY Geywits, et al., Respondents v. Charlotte Valley Central School District, Appellant, et al., Defendant., (Action No. 1.), 513537

Appellate Division, Third Department: September 27, 2012

MEMORANDUM AND ORDER

Appeals from four orders of the Supreme Court (Becker, J.), entered September 27, 2011 in Delaware County, which denied motions by defendant Charlotte Valley Central School District for summary judgment dismissing the complaints against it.

WILLIAM E. MCCARTHY, J.

In the fall of 2005, the infant plaintiffs were first grade students attending Charlotte Valley School, the sole school building for all students, prekindergarten through twelfth grade, in defendant Charlotte Valley Central School District (hereinafter defendant). Defendant James R. Quigley was a sophomore attending the school. Plaintiffs commenced these four separate actions sounding in negligent supervision against defendant based on allegations that on at least three occasions between September and November 2005, while the infant plaintiffs were walking unattended from the cafeteria to their classrooms after breakfast, Quigley asked them to accompany him into a bathroom stall and to pull down their pants, and he exposed himself and touched their private parts. Defendant separately moved for summary judgment in each action, conceding that plaintiffs had an expert who would create a question of fact regarding the adequacy of the level of supervision, but contending that defendant was entitled to dismissal of the complaints because it had no prior notice and the record lacked proof that one of the infant plaintiffs was abused. Supreme Court denied defendant's motions. Defendant appeals.

 Defendant was entitled to summary judgment because it had no notice of prior similar conduct. Schools have a duty to adequately supervise students in their care and may "be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v. City of New York, 84 NY2d 44, 49 [1994]). The Court of Appeals has held that criminal intervention of a third party against a student may "be a 'reasonably foreseeable' consequence of circumstances created by" a school district's lack of supervision (Bell v. Board of Education of City of N.Y., 90 NY2d 944, 946 [1997], quoting Kush v. City of Buffalo, 59 NY2d 26, 33 [1983]). More recently, however, the Court of Appeals has reaffirmed the principle that a school will generally not be held liable for the unanticipated acts of a third party toward a student unless the school had "actual or constructive notice of prior similar conduct," such that the school could have reasonably anticipated the acts of the third party (Brandy B. v. Eden Cent. School Dist., 15 NY3d 297, 302 [2010]). Because defendant's actions were not the direct cause of the infant plaintiffs' injuries, the question on the proximate cause issue is whether Quigley's conduct was unforeseeable such that it could constitute an intervening act that breaks the causal connection between the alleged lack of supervision and the injuries sustained (see Mirand v. City of New York, 84 NY2d at 50).¹

Here, defendant submitted proof that Quigley was a good student, had no significant or recent disciplinary history, and had no prior instances of sexually inappropriate or physical contact. The principal averred that he was unaware of any prior violent acts within the school building. No one had ever complained of any sexual activity or physical assaults in any bathroom in the building, nor had any of the students who are parties here been involved in any prior incidents of sexual misconduct. Plaintiffs concede that there is no proof of actual notice of prior similar conduct. They argue that defendant was on constructive notice because the abuse allegedly happened three times over the course of several months, three of the boys came back late from breakfast two or three times during that time period, the bathroom did not have an exterior door, and the bathroom was located in the main hallway, next to the superintendent's and principal's offices. These circumstances did not create constructive notice that the abuse was occurring. Students of all grades, as well as staff, were allowed to use this bathroom. The principal testified that he used that bathroom himself, as it was the one closest to his office, and he never had to deal with any problems in that bathroom. The students were generally sent from the cafeteria to their classrooms in a group, not alone. A school is not on notice that children are being abused merely because they returned late to class on two or three occasions, especially when they explained their lateness by saying that the group of them stopped at the bathroom (compare Garcia v. City of New York, 222 AD2d 192, 195 [1996], lv denied 89 NY2d 808 [1997] [finding question of fact as to liability where, among other things, school violated rule requiring teachers to have a buddy accompany young students to the bathroom]). The abuse allegedly took place inside a private stall within the bathroom and it apparently lasted for only a few minutes on each occasion (compare Bell v. Board of Education of City of N.Y., 90 NY2d at 946-947; Armellino v. Thomase, 72 AD3d 849, 850 [2010]; Doe v. Fulton School Dist., 35 AD3d 1194, 1194-1195 [2006]).

 Contrary to the dissent, we do not read Brandy B. v. Eden Cent. School Dist. (supra) and other precedent from the Court of Appeals as narrowly restricting the appropriate rule to circumstances where the injury-producing conduct was impulsive, such as fellow students knocking into one another or throwing objects (see e.g. Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d 944, 944 [2012]; Convey v. City of Rye School Dist., 271 AD2d 154, 159 [2000]). Even if conduct was planned by a third party, it can still be unanticipated from the perspective of a school district so as to constitute an intervening act breaking the causal connection despite a question of fact regarding the adequacy of supervision (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302). Although the record contains a question of fact regarding whether defendant provided a sufficient level of supervision to some of its students, defendant was entitled to summary judgment because defendant had no notice that the illegal actions of a third party, i.e., Quigley, could reasonably have been anticipated, rendering the abuse unforeseeable (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302-303; but see Kim L. v. Port Jervis City School Dist., 77 AD3d 627, 630 [2010]; Garcia v. City of New York, 222 AD2d at 195-196).

Even if there was sufficient notice to defendant, the record lacks proof that plaintiff Hunter Geywits was sexually assaulted. Shortly after the situation was revealed, Geywits told his mother, the principal and the police that nothing happened. He testified similarly at his deposition and a hearing pursuant to General Municipal Law §50-h. None of the other infant plaintiffs identified Geywits as having been touched by Quigley. An expert psychologist who examined Geywits at plaintiffs' request could not conclude that he was sexually abused. Thus, the complaint filed by Geywits and his mother must also be dismissed based on the total lack of proof that Quigley sexually abused or assaulted him.

Mercure, J.P., Rose and Lahtinen, JJ., concur.

1. We agree with the dissent's assertion that the rule discussed in Brandy B. does not insulate school districts from liability in all cases where an injury caused by a third party is the reasonably foreseeable result of circumstances created by the district's lack of supervision. The question here is whether the infant plaintiffs' injuries were reasonably foreseeable.

 Stein, J. (concurring in part and dissenting in part).

 While I agree with the majority that the action filed by plaintiff Hunter Geywits and his mother should be dismissed based upon a lack of evidence that he was sexually assaulted, I would permit the negligent supervision claims of the remaining infant plaintiffs against defendant Charlotte Valley Central School District (hereinafter defendant) to go forward. In my view, the majority's decision to dismiss the complaint as to all of the plaintiffs is based on a misapprehension of the current state of the law regarding school liability for the acts of third parties.

As noted by the majority, it is the well-settled rule that "schools have a duty to adequately supervise their students, and 'will be held liable for foreseeable injuries proximately related to the absence of adequate supervision'" (Brandy B. v. Eden Cent. School Dist., 15 NY3d 297, 302 [2010], quoting Mirand v. City of New York, 84 NY2d 44, 49 [1994]; see Lawes v. Board of Educ. of City of N.Y., 16 NY2d 302, 306 [1965]; Decker v. Dundee Cent. School Dist., 4 NY2d 462, 464 [1958]). Liability will be established where the school fails to supervise its students with the same degree of care as a parent of ordinary prudence in comparable circumstances and such negligent supervision was the proximate cause of the plaintiff's foreseeable injuries (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302; Mirand v. City of New York, 84 NY2d at 49). However, it is equally well recognized that school personnel cannot reasonably be expected to guard against every sudden or spontaneous act that occurs between students on a daily basis (see Mirand v. City of New York, 84 NY2d at 49; Lawes v. Board of Educ. of City of N.Y., 16 NY2d at 306; Armellino v. Thomase, 72 AD3d 849, 850 [2010]). Therefore, the Court of Appeals articulated long ago, and recently reiterated, the principle that a school district may generally avoid liability for the unanticipated acts of a third party in the absence of "actual or constructive notice of prior similar conduct" (Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302; see Mirand v. City of New York, 84 NY2d at 49; Bertola v. Board of Educ. of City of N.Y., 1 AD2d 973 [1956]).

Based upon the foregoing, I agree that the question here is whether plaintiffs' injuries were reasonably foreseeable. In my view, however, the rule requiring notice may be applied to insulate a school district from liability, as a matter of law, only in those cases where the adequacy of the supervision with respect to the plaintiff is not in question, such as where the injury results from the truly unforeseeable impulsive acts of third parties (see e.g. Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d 944, 944 [2012] [student knocked to the ground during game of tag; lack of supervision was not proximate cause of injury]; Benavides v. Uniondale Union Free School Dist., 95 AD3d 809 [2012] [the plaintiff pushed down slide during recess; level of supervision was not a proximate cause of accident]; Jake F. v. Plainview-Old Bethpage Cent. School Dist., 94 AD3d 804, 805-806 [2012] [high school student assaulted by fellow student]; Espino v. New York City Bd. of Educ., 80 AD3d 496, 496-497 [2011], lv denied 17 NY3d 709 [2011] [sudden, spontaneous attack on high school student could not have been prevented by more supervision]).¹ I do not believe that the Court of Appeals intended in Brandy B. v. Eden Cent. School Dist. (supra) to insulate schools from liability in all cases — no matter how inadequate the supervision — for an injury caused by a third party which is the reasonably foreseeable result of circumstances created by the school's inaction, despite the absence of actual or constructive notice of prior similar conduct (see Bell v. Board of Educ. of City of N.Y., 90 NY2d 944, 946-947 [1997]; Armellino v. Thomase, 72 AD3d at 850; Doe v. Fulton School Dist., 35 AD3d 1194, 1195 [2006]; Garcia v. City of New York, 222 AD2d 192, 195 [1996], lv denied 89 NY2d 808 [1997]).

 Nor do I believe that there has been any change in the legal principle that the issue of whether the level of supervision provided by a school is adequate and reasonable — and, if not, whether the school's negligence is the proximate cause of the plaintiff's injuries — is almost always a question of fact (see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d 588, 590 [2004]; Garcia v. City of New York, 222 AD2d at 194).² Such determinations are guided by the circumstances of each case including, as particularly relevant here, the age of the children and the nature of the injurious act involved (see Espino v. New York City Bd. of Educ., 80 AD3d at 496; Garcia v. City of New York, 222 AD2d at 194).

 Here, the facts are not disputed. Six-year-old children were regularly permitted to walk from the school cafeteria to their classroom unattended. Even if they were generally sent in a group, there is no indication in the record of any policy or practice of ensuring that they remained in the group and did not, for example, take a detour to the bathroom en route. The hallways and the restroom in which the alleged assaults occurred were also used by secondary students, including defendant James R. Quigley who, at the time of the events, was a high school sophomore. In my view, while it would certainly be reasonable to allow high school students to traverse the hallways and go to the restroom unaccompanied, it cannot be said as a matter of law, that defendant acted as a reasonably prudent parent would when it allowed these six-year-old children to do so (see Garcia v. City of New York, 222 AD2d at 196-197) and Quigley's conduct was not an "impulsive, unanticipated act that could not reasonably have been anticipated" and prevented with appropriate supervision (Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d at 945; compare Decker v. Dundee Cent. School Dist., 4 NY2d at 465; Convey v. City of Rye School Dist., 271 AD2d 154, 159 [2000]). Rather, as alleged by plaintiffs, this case involves ongoing conduct that occurred three times over the course of several months (see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d at 591). Under these circumstances, a jury might "reasonably infer that, had there been adequate supervision…the danger would have come to the attention of some person in authority, and steps taken to prevent its repetition" (Decker v. Dundee Cent. School Dist., 4 NY2d at 464; see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d at 591; Garcia v. City of New York, 222 AD2d at 197) or may not have materialized at all.

Based on the foregoing, I would find that questions of fact exist as to whether defendant breached its duty to provide adequate supervision and, if so, whether such breach was the proximate cause of the injuries alleged by all plaintiffs except Geywitz and would affirm Supreme Court's denial of defendant's motion for summary judgment as to such plaintiffs.

 ORDERED that the orders are reversed, on the law, without costs, motions granted, summary judgment awarded to defendant Charlotte Valley Central School District, and complaints dismissed against it.

1. Even in Brandy B., the issue was not whether there was adequate supervision, generally, on the school bus on which the acts occurred, but whether the school had sufficient knowledge of the assaulting student's propensity to act inappropriately so as to require it to take steps to prevent him from doing so.

2. Indeed, as the majority notes here, defendant concedes that a question of fact exists regarding the adequacy of the supervision provided.

Massapequa Man Killed in Three-Vehicle Crash

Suffolk County Police First Squad detectives are investigating a three-car-crash that killed a 51-year-old Massapequa man. 

A 49 year old male, of North Lindenhurst,  was driving a 2004 Chevy Impala southbound on Lamar Street when he attempted to make a left turn onto eastbound Edison Avenue.  The Impala struck the passenger side of a 2002 Toyota Avalon that was traveling westbound on Edison Avenue.  The Avalon, driven by a 51 year old male, of 4 McKinley Place, Massapequa, spun into eastbound traffic on Edison Avenue where it was then struck on the driver’s side by a 2000 Dodge Intrepid.

The Avalon driver was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. The Impala driver was transported to Good Samaritan Medical Center in West Islip, where he was being treated for neck pain.  The driver of the Intrepid  and his passenger were transported to Nassau University Medical Center where they were being treated for non-life-threatening injuries.

High School Student Critically Injured in West Babylon Crash

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that critically injured a high school student in West Babylon.

The 17 year old male, a senior at West Babylon High School, was walking across from the school eastbound on Great East Neck Road when he was struck by a 2008 Honda Civic traveling southbound.

The victim, of 104 Broadway, West Babylon, was transported to Good Samaritan Hospital Medical Center in West Islip, in critical condition with head injuries. The Civic driver, of 11 Petersen Ct., West Babylon, was also taken to Southside Hospital where he was treated and released.

Motorcyclist Killed in Shirley Crash

Suffolk County Seventh Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in Shirley.

A 47 year old male, of Shirley, was driving his 1987 Mercury eastbound on Floyd Road when he attempted to make a left turn onto Essex Circle. The victim, who was operating his 2001 Suzuki motorcycle westbound on Floyd Road struck the Mercury.

The motorcyclist was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue, where he died from his injuries. 

Worker Killed at Fair After Being Struck by Ride

Suffolk County Police Homicide detectives are investigating the circumstances surrounding the death of a carnival worker that was killed after he was struck by a ride in Brentwood.   

The 22 year old male was coming off of a break from his job at The Feast of Mother Cabrini fair when he bent down and reached under the SCAT ride to grab something.  When he stood up, he was struck in the head by the ride and was knocked to the ground. 

The male, of 189 Van Buren St., Mastic, was transported to Stony Brook Hospital via Suffolk County Police helicopter where he was pronounced dead.  The ride, one of several at the fair that is being held at Suffolk County Community College, located on Crooked Hill Road, Brentwood,  had passengers at the time of the incident but they were not injured.

Mastic Man Killed in One-Car Crash

Suffolk County Police Seventh Squad detectives are investigating a single-car crash that killed a Mastic man.  

The man was driving a 1994 Infiniti northbound on William Floyd Parkway, north of Whiskey Road, in Shoreham when his vehicle left the roadway and struck two trees.   

The man, of 25 Midland Ave., was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  

Cops probe hit-run that left bicyclist critical

Second Squad detectives are investigating a hit-and-run accident that critically injured a Huntington Station bicyclist, Suffolk police said.

A police spokeswoman said the 47 year old man remains in critical condition at Huntington Hospital after he was struck by a vehicle on New York Avenue, just north of Pulaski Road in Huntington Station. Police said the man was riding north on New York Avenue when a vehicle, also traveling north, struck him.

The driver of what police think could be a light-colored sport utility vehicle then drove off, detectives said.

Pedestrian Killed in Motor Vehicle Crash

Suffolk County Police Fourth Squad detectives are investigating a motor vehicle crash that caused the death of a pedestrian in St. James. 

An 18 year old male  was driving his 2003 Honda Civic eastbound on Railroad Avenue when he struck a male pedestrian who was pushing a shopping cart along the shoulder of the roadway, east of First Street in St. James.

The pedestrian was transported to Stony Brook University Medical Center where he succumbed to his injuries. His name is being withheld pending confirmation of his identity and notification of family. The driver was not injured.

Huntington Station Bicyclist Critically Injured in Hit and Run Crash

Suffolk County Police Second Squad detectives are investigating a crash that critically injured a bicyclist in Huntington Station.

The 47 year old man was riding his bicycle north on New York Avenue, approximately 50 feet north of Pulaski Road when he was struck by a vehicle also traveling north on New York Avenue. The driver of the vehicle fled the scene.

The injured man  was transported via Huntington Rescue to Huntington Hospital where he was listed in critical condition.

Man Dies in Single-Car Crash

Suffolk County Police Fifth Squad detectives are investigating a single-car crash that killed a Florida man. 

The victim  was driving a 2010 Volkswagen westbound on Sunrise Highway, approximately ½ mile east of Waverly Avenue, in Patchogue when his vehicle veered off the roadway and struck a guardrail on the right shoulder. The vehicle then crossed all three lanes of traffic and struck the guardrail in the median.

The driver, of 2384 SW Caballero St., Port St. Lucie, Florida, was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue by North Patchogue Ambulance where he was pronounced dead

Pedestrian Killed in Hit-and-Run Crash

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a pedestrian in Copiague.

The pedestrian was crossing Sunrise Highway at Bayview Avenue in Copiague when he was struck by an unidentified vehicle driving eastbound on Sunrise Highway. The vehicle fled the scene. The victim was then struck by a 1997 Mercury Cougar, driven by a 66 year old, of West Babylon, who remained at the scene.

The victim was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.

Man, 57, killed in two-car collision

A 57-year-old man was killed when his car was struck head-on by a car driven by a 17-year-old in East Garden City, police said.

Pending notification of next of kin, Nassau County police have not released the identity of the victim, who was pronounced dead at Nassau University Medical Center in East Meadow about 90 minutes after the crash.

Three passengers in the other car were taken to a hospital for treatment.

Police said those passengers included a 22-year-old woman and two teenage boys, 15 and 16. Their conditions were not known. 

Police said the collision occurred when the 1996 Honda driven by the victim southbound on Merrick Avenue was struck head-on by a 1997 Toyota, driven northbound by the 17-year-old. 

Motorcyclist Killed in Motor Vehicle Crash

Suffolk County Police Fourth Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in Smithtown. A male driving a 1990 Ford was southbound on Landing Avenue and was attempting to make a left turn onto Oakside Drive when his vehicle was struck by a northbound 2012 Honda motorcycle. The 40 year old motorcycle operator was ejected from the motorcycle and was transported to St. Catherine of Siena Medical Center in Smithtown where he was pronounced dead.  

Queens motorcyclist dies in Southern crash

State Police are investigating the death of an East Elmhurst, Queens, man whose motorcycle crashed into a tree  on the Southern State Parkway in Rockville Centre.

Police said the 28 year old  was driving west on the parkway near Peninsula Boulevard, Exit 19, when he lost control of his BMW motorcycle and struck a tree off the north shoulder.

He was taken to Mercy Medical Center in Rockville Centre where he was pronounced dead, police said

Cops: Object thrown at car, passenger hurt

Southampton Town police asked the public's help identifying a suspect who threw a piece of brick or concrete at the windshield of a passing car on Lake Avenue, in Riverside, injuring a front-seat passenger in the damaged vehicle.

Southampton detectives said the act of reckless endangerment took place  as a 2011 Toyota Camry was headed north on Lake Avenue, with a female passenger in the front seat. As a second vehicle, identified as an older green or black sport utility vehicle, approached from the opposite direction, a passenger leaned out of an open window and threw the object at the Camry.

The suspect who threw the brick or concrete was described as a young man with short blond hair.

"The item struck the windshield on the passenger's side of the vehicle, causing the glass to shatter," a Suffolk County Crime Stoppers report said. A female passenger sitting in the Camry's front seat, was injured by the shattered glass and was taken by ambulance for treatment at Peconic Bay Medical Center in Riverhead.

Man Wounded in Patchogue Shooting

Suffolk County Police Fifth Squad detectives are investigating the shooting of a man in the parking lot of a bar in Patchogue. 

The victim, a 24 year old male of North Bellport, had left The Pub, located at 232 East Main St., and was in the rear parking lot of the bar when he was shot in the left upper leg by an unknown person. The victim was taken by a private vehicle to Brookhaven Memorial Hospital Medical Center in East Patchogue where he is listed in stable condition.

Man Wounded in West Babylon Shooting

Suffolk County Police First Squad detectives are investigating a shooting that injured a man in West Babylon.

An 18-year-old man from West Babylon was standing in front of 25 Lodge Place when he was shot.  The victim was shot twice in the back, once in his left leg, and a bullet grazed his ear.  He was transported to Good Samaritan Hospital Medical Center in West Islip where he was treated for non-life-threatening injuries.

Motorcyclist Killed in Two-Vehicle Crash

Suffolk County Police Fifth Squad detectives are investigating a two-vehicle crash that killed a motorcyclist in East Patchogue.

A 20-year-old female from Center Moriches was operating a 1998 Ford Explorer. She was traveling eastbound in the left lane of Montauk Highway at the intersection of Sills Road when her vehicle collided with a westbound 2007 Suzuki motorcycle operated by a 41-year-old male from North Babylon.

The driver of the vehicle and the motorcyclist were both transported to Brookhaven Memorial Hospital Medical Center in East Patchogue by the North Patchogue Fire Department Rescue. The motorcyclist was pronounced dead at the hospital and the driver of the Explorer was treated for non-life-threatening injuries. The identities of the drivers are being withheld pending notification of relatives.

Cops: Elderly woman struck in North Massapequa

Police say an elderly woman was struck by a car in North Massapequa. 

According to detectives, a 78-year-old female had just exited her vehicle in the parking lot of North Broadway and North Kings Avenue when she was struck by a sedan.

According to police, the woman sustained extensive bodily trauma and was taken to a local hospital by a police department ambulance.

No additional injuries were reported and detectives say there is no criminality involved.

Police seek help ID'ing man struck by car

Police are trying to identify a man who was seriously injured  when he was struck by a car while crossing Acorn Street in Wyandanch.

Police described the victim, who was taken to Good Samaritan Hospital Medical Center in West Islip, as a black male wearing a multicolored Coogi-brand sweatshirt, a tan baseball cap, brown snakeskin shoes and a gold ring with a red stone on his right hand.

He is believed to be in his 50s, Suffolk County police said.

Police said the driver of the car, an 84 year old  of Wheatley Heights, was not injured. They said the driver  was driving the 1993 Ford Taurus westbound on Acorn Street when he struck the pedestrian at the intersection of Straight Path.

The car was impounded for a safety inspection, police said. The driver was not charged.

Woman Found Dead in Car in Water

Suffolk County Homicide Squad detectives are investigating the death of a woman who was found in a submerged car in Port Jefferson.   

Sixth Precinct police officers responded to the Town of Brookhaven boat ramp, located at West Broadway and Barnum Avenue, after a 911 caller reported seeing a vehicle in the water. When officers arrived, they discovered a Toyota Corolla in the water with a single occupant inside.  

The car’s occupant, an 87 year old woman, of 19 Brook Lane, Port Jefferson Station, was extricated from the vehicle by members of the Port Jefferson, Mount Sinai and Rocky Point Fire Department dive teams as well as members of the Suffolk County Police Marine Bureau.  She  was transported to St. Charles Hospital in Port Jefferson where she was pronounced dead.  

85-Year-Old Man Killed in Hauppauge Crash

Suffolk County Police Fourth Squad detectives are investigating a crash that killed a 85-year-old man in Hauppauge.

The 85 year old  was driving a 1994 Infiniti eastbound on Veterans Highway, when he attempted to make a left at Spartan Lane and struck a Chevy traveling westbound on Veterans Highway.  Both drivers were transported to St. Catherine of Siena Medical Center in Smithtown.  

Two People Killed, One Critically Injured in Mastic House Fire

Suffolk County Police Homicide Squad and Arson Squad detectives are investigating a house fire that killed two men and critically injured a woman in Mastic. 

Police and firefighters from Mastic, Center Moriches and Brookhaven Fire Departments responded to 43 Broadway after a 911 call was received from a neighbor.  After gaining entry, firefighters removed two men and one woman from the home. A 64 year old male, of 43 Broadway, was transported to Brookhaven Memorial Hospital Center in East Patchogue. The other male, whose identification is being withheld pending notification of next of kin, was transported to Peconic Bay Medical Center in Riverhead. Both men were pronounced dead despite life-saving attempts by medical personnel at both hospitals. 

Bellport Man Killed in Crash, Driver Seriously Injured

Suffolk County Police Fifth Squad detectives are investigating a Brookhaven crash that killed a Bellport man and seriously injured an East Patchogue man.

A 21 year old male was driving a 2006 Infiniti westbound on Montauk Highway when his vehicle crossed over the double yellow line, left the roadway and overturned.

The driver's passenger, of 49 Wards Lane, Bellport, was pronounced dead at the scene. The driver,  of 808 Narraganset Ave., East Patchogue, was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue for treatment of serious injuries.

Motorcyclist Critically Injured in Motor Vehicle Crash

Suffolk County Police Second Squad detectives are investigating a motor vehicle crash that critically injured a motorcyclist in Melville.

The 29 year old, of Deer Park, was operating a 2011  motorcycle westbound on Ruland Road at a high rate of speed, when he crashed into a 73 year old  who was driving a 2010 Toyota eastbound and attempting to make a left onto Maxess Road. 

The motorcycle operator  was transported by Melville Rescue to Nassau University MedicalCenter in East Meadow in critical condition with life-threatening injuries. The driver of the Toyota, of 4 Cliftwood Ct., Huntington, was not injured.

Man killed in motorcycle crash in Huntington

A motorcyclist was killed in a collision with a car that turned in front of him in Huntington, Suffolk County police said.

The identity of the motorcyclist, who died at the scene, was not released pending notification of next of kin.

Police said the fatal crash occurred at the intersection of JerichoTurnpike and Park Avenue.

It was then, police said the 53 year old driver, of Huntington Station, who was southbound on Park Avenue in her 2011 Toyota Camry, turned left in front of the northbound motorcyclist.

The 2007 Kawasaki motorcycle then crashed into the Toyota and killed the male motorcyclist.

Woman, 71, killed crossing Old Country Rd.

A 71-year-old Franklin Square woman died  after being struck by a car as she crossed Old Country Road in Carle Place, police said.

Nassau County police said the victim died at a hospital after the accident.  She was struck by a westbound 2006 BMW just east of Zeckendorf Boulevard, police said. The driver remained at the scene and was not charged.

Man Dies in Single-Car Crash

Suffolk County Police First Squad detectives are investigating a single-car crash that killed a man in North Babylon.  

A man was traveling on Deer Park Avenue in a 1995 Toyota Corolla that was recently reported stolen, when he was involved in a motor vehicle crash at the intersection of Simon Street and Deer Park Avenue in North Babylon. The man fled the scene northbound on Deer Park Avenue and a few minutes later the vehicle which was apparently traveling at a high rate of speed, left the roadway and struck a utility pole  in front of 690 Deer Park Avenue.   The driver, who has not been identified, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. 

Disabled Motorist Killed in Hit-and-Run

Suffolk County Police Third Squad detectives are investigating a hit-and-run crash that killed a 21-year-old disabled motorist. The victim, of Kings Park, was driving his 2008 Nissan on Express Drive South when his vehicle became disabled east of the Sagtikos Parkway.He then   left his vehicle and was walking on Express Drive South when he was apparently struck and killed by a vehicle whose driver fled the scene.   A passing motorist discovered the body on the shoulder and called police.   

Bocelli v County of Nassau

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered August 30, 2010, which granted the defendants' motion for summary judgment dismissing the complaint. ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff John Bocelli (hereinafter the plaintiff), and his wife, suing derivatively, commenced this action to recover damages arising from injuries allegedly sustained by the plaintiff while he was playing flag football in Stillwell Woods Park. At his deposition, the plaintiff testified that as he was running, he slipped and fell upon an exposed sprinkler head and sustained injuries to his left knee and leg. The defendants moved for summary judgment dismissing the complaint, asserting that the plaintiff had assumed the risk of injury by voluntarily participating in a flag football game. The Supreme Court granted the motion.

If an athlete is injured as a result of a defect in, or feature of, the field, court, track, or course upon which the sport is being played, the owner of the premises will be protected as long as the risk presented by the condition is inherent in the sport (see Cotty v Town of Southampton, 64 AD3d 251, 254). "If the playing surface is as safe as it appears to be, and the condition in question is not concealed such that it unreasonably increases risk assumed by the players, the doctrine applies" (id.; see Rosenbaum v Bayis Ne'Emon, Inc., 32 AD3d 534). Here, the defendants failed to provide any evidence that the risk of injury from a sprinkler head was inherent in the game of flag football or that the sprinkler head was not concealed and did not unreasonably increase the risk associated with playing flag football. Notably, we have held that the assumption of risk doctrine was applicable where a softball player was injured on a sprinkler head (see Bruno v Town of Hempstead, 248 AD2d 576, 576). However, in Bruno, the record included evidence that in-ground sprinklers were a common feature of the playing fields upon which the plaintiff played and that the plaintiff was aware of such sprinklers (id. at 576-577). In this case, by contrast, the defendants failed to submit any evidence as to how common sprinklers were on the fields of Stillwell Woods Park, or whether the [*2]plaintiff or other players were aware of the existence of such sprinklers and, thus, consented to the risk posed by them. Thus, under the circumstances of this case, the defendants did not establish their prima facie entitlement to judgment as a matter of law, and we need not consider whether the plaintiffs' opposition to the motion was sufficient to raise a triable issue of fact (see Rosenbaum v Bayis Ne'Emon, Inc., 32 AD3d at 535; see also Gallagher v County of Nassau, 74 AD3d 877).

Accordingly, the Supreme Court should have denied the defendants' motion for summary judgment dismissing the complaint. 

Newsday Truck Driver Seriously Injured in Hit-and-Run Crash

Suffolk County Police Fifth Squad detectives are investigating a hit-and-run crash that seriously injured a Newsday truck driver in Blue Point. The driver was driving a 1999 International Newsday delivery truck westbound on Montauk Highway, near Homan Avenue, when his vehicle was struck by an eastbound 2005 Chevrolet Malibu, causing the truck to overturn. The driver of the Malibu fled, leaving the car at the scene.   

The Newsday driver, 30 Franklin Road, Sound Beach, was transported to Brookhaven Memorial Hospital Medical Center where he was admitted with serious, but non-life-threatening, injuries.  

Police seek driver in fatal Brentwood hit-run

Suffolk County Crime Stoppers and Third Squad detectives are looking for the driver of a dark-colored sedan who fled a fatal hit-and-run accident in Brentwood earlier this month, police said.

A man was walking across Suffolk Avenue east of Eastern Avenue  when he was hit by a 1989 Nissan driven by an 18 year old,  of Bay Shore.

A second vehicle swerved to avoid hitting the victim, then stopped. The man was then hit by a third vehicle -- a dark-colored sedan that left the scene, police said.

Police said the victim was injured though apparently alive after he was hit by the Nissan, but he was killed when the sedan hit him.

The man was taken by Brentwood Legion Ambulance to Southside Hospital in Bay Shore, where he was pronounced dead.

The sedan that fled the scene was driven by a woman and the New York license plate on the car was a newer one with blue lettering on an orange background, police said.