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RAINEY v. CITY OF NEW YORK

35 A.D.2d 1003 (1970)

Merle Rainey, as Administratrix of The Estate of Herbert S. Rainey, Sr., Deceased, Appellant, v. City of New York, Respondent

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

December 28, 1970

Judgment affirmed, with costs.

Plaintiff's intestate was killed when the automobile he was driving struck the concrete base of a light pole on the Grand Central Parkway. There were apparently no eyewitnesses to the accident. Plaintiff seeks to charge defendant with negligence in the design of the highway at the location of the accident. In spite of the fact that proof offered by plaintiff of several prior accidents should...

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