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WILLIS v. CITY OF NEW YORK

107 A.D.2d 747 (1985)

Susan Willis et al., Appellants, v. City of New York, Respondent, and Lizza Industries, Inc., et al., Appellants

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

January 22, 1985

Order affirmed, without costs or disbursements.

Under subdivision 3.4 of section 349-c and section 349-d of the Highway Law, the State, and not the city, had jurisdiction over Ocean Parkway in Brooklyn during its reconstruction when the accident occurred (see Farrell v Town of North Salem, 205 N.Y. 453; Allen v Village of Holley, 226 App Div 294).

The doctrine of equitable estoppel cannot be applied to estop the city from asserting that the State...

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