This is an action for damages for personal injuries resulting from the alleged negligence of defendant-respondent City of New York in erecting, maintaining and controlling a concrete abutment on the median divider separating FDR (East River) Drive from a parallel service road which channels eastbound traffic at the end of East 109th Street in Manhattan. On July 15, 1972, plaintiff-appellant Irwin R. Gutelle was driving his vehicle at about 40 to 45 miles per hour in the extreme...
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