PETOSA v. CITY OF NEW YORK


52 A.D.2d 919 (1976)

Carmine Petosa et al., Respondents, v. City of New York et al., Appellants

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

May 17, 1976


Interlocutory judgment affirmed, with costs.

In the early morning hours of January 14, 1971, some time around 4:30 or 4:45 A.M., defendant Primo Lane, a foreman employed by the Department of Sanitation of the City of New York, was engaged in patrolling the roadway in and about the Staten Island Expressway. It had been snowing all night and Lane, who was driving a white departmental car, was looking for a snow plow so that he could instruct the driver to clear the...

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