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HARE v. CITY OF NEW YORK

183 A.D.2d 682 (1992)

Donald S. Hare et al., Respondents, v. City of New York et al., Defendants, and Consolidated Edison Company of New York, Appellant

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

May 28, 1992

Plaintiff was injured when he fell in the vicinity of a manhole grating owned by defendant Consolidated Edison Company. In its charge to the jury regarding defendant's "special use" of the public roadway, the court properly instructed that section 3.1 of the Rules and Regulations Relating to Street Openings of the New York City Department of Transporation's Bureau of Highway Operations (11 RCNY 214) defined defendant's area of special use to include a 12-inch area surrounding...

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