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TINAO v. CITY OF NEW YORK

112 A.D.2d 363 (1985)

Frederick Tinao, Jr., Individually and as Administratrix of The Estate of Frederick J. Tinao, Deceased, Appellant, v. City of New York, Respondent

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

July 22, 1985

Judgment affirmed, without costs or disbursements.

Plaintiff's decedent was fatally injured when the automobile he was operating veered off the Belt Parkway and struck a tree located on the roadway's shoulder. Plaintiff brought this action to recover damages for wrongful death and conscious pain and suffering against the City of New York alleging that the city's negligent design and maintenance of the roadway proximately caused the accident and that the city had prior...

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