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MARKUS v. CITY OF NEW YORK

42 A.D.2d 527 (1973)

Peter M. Markus, Respondent, v. City of New York, Defendant-Appellant and Third-Party Plaintiff-Appellant. Corbeau Construction Corporation et al., Third-Party Defendants-Respondents

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

June 7, 1973

Plaintiff was driving his motorcycle northbound on the East Drive of Central Park. Near 105th Street the road curved to the left and then to the right in an "S" form. Plaintiff negotiated the first curve but lost control while taking the second curve and sustained serious physical injury. Plaintiff's notice of claim recited two areas of negligence, the presence of an unmarked "S" curve and also the presence of gravel on the roadbed creating a dangerous condition. The gravel...

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