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NUNEZ v. CITY OF NEW YORK

177 A.D.2d 394 (1991)

Julia Nunez, Individually and as Administratrix of The Estate of Santiago Nunez, Deceased, Appellant, v. City of New York, Respondent and Third-Party Plaintiff-Respondent. New York News, Inc., Third-Party Defendant-Respondent

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

November 19, 1991

We agree with the IAS court that at the time of the decedent's accident in 1983, the State of New York, not defendant City, owned, operated, controlled, designed and constructed the entrance ramp of the Major Deegan Expressway where the accident occurred, by reason of sections 340-b (5) and 349-c (3.3) of the Highway Law, as amended, which vested in the New York State Commissioner of Transportation the sole power and authority to acquire and dispose of property located within...

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