HORAN v. TOWN OF SMITHTOWN

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.