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ARVINGER v. GENWAY CORP.

99 A.D.2d 500 (1984)

Janice Arvinger, Respondent, v. Genway Corp. et al., Respondents, and New York City Transit Authority, Appellant. (Action No. 1.) Henry Arvinger, Respondent, v. City of New York, Respondent, and New York City Transit Authority, Appellant. (Action No. 2.)

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

January 16, 1984

Order reversed insofar as appealed from, on the law, with costs, and motion granted.

Plaintiffs were allegedly injured when a car driven by plaintiff Henry Arvinger, in which plaintiff Janice Arvinger was a passenger, hit part of a trolley track protruding from the street at the intersection of Nostrand Avenue and Quincy Street. The record on appeal and the relevant Board of Estimate resolutions conclusively establish that...

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