PETITO v. CITY OF NEW YORK

2011-03919.

95 A.D.3d 1095 (2012)

944 N.Y.S.2d 300

2012 NY Slip Op 3823

EDWARD J. PETITO, Appellant, v. CITY OF NEW YORK et al., Defendants, and DEFOE CORP., Respondent.

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

Decided May 15, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Defoe Corp. which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff allegedly sustained injuries when his motorcycle collided with the western end of a barrier that separated a High Occupancy Vehicle (hereinafter HOV) lane from an adjacent lane on the Gowanus Expressway. At the time...

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