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LEYVA v. LEVY

69 N.Y.2d 847 (1987)

Ann Leyva, Individually and as Administratrix of The Estate of Gustavo E. Leyva, Deceased, Appellant, v. Abraham Levy, as Public Administrator of the County of Bronx and as the Administrator of The Estate of James R. Richardson, Deceased, Defendant, and City of New York, Respondent. (Action No. 1.) Charles McNeil et al., Appellants, v. Abraham Levy, as Public Administrator of the County of Bronx and as Administrator of The Estate of James R. Richardson, Deceased, Defendant, Drah Cab Corporation et al., Appellants, and City of New York, Respondent. (Action No. 2.) Yvonne Foss, Appellant, v. Drah Cab Corporation et al., Appellants, and City of New York, Respondent, et al., Defendant. (Action No. 3.)

Court of Appeals of the State of New York.

Decided March 19, 1987.

Attorney(s) appearing for the Case

Herman Schmertz for Ann Leyva, individually and as administratrix of Gustavo Leyva, deceased, appellant.

David Farber for Charles McNeil and another, appellants.

Marian C. Rice for Drah Cab Corporation, appellant.

Reginald T. Brewster for Yvonne Foss, appellant.

Doron Gopstein, Acting Corporation Counsel (Barry P. Schwartz and Fay Leoussis of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.

Order insofar as appealed from affirmed, with costs to the City of New York against the appellants. There was testimony by the police officers who witnessed the entry of the Richardson vehicle that the vehicle entered the properly marked Van Cortlandt Park South ramp, and "there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [jurors] to the [contrary] conclusion reached by the jury on the basis of the evidence presented...

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