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NOWLIN v. CITY OF NEW YORK

81 N.Y.2d 81 (1993)

Shenikwa D. Nowlin, Respondent, v. City of New York, Appellant, and Andre Robertson, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (William J. Thom and Fay Leoussis of counsel), for appellant.

Smiley, Schwartz & Captain, New York City (Guy I. Smiley of counsel), and Slater, Vanderpool & Breakstone, Garden City (Jay L. T. Breakstone of counsel), for Shenikwa D. Nowlin, respondent.

Garbarini & Scher, P. C., New York City (Steven I. Brizel of counsel), for Andre Robertson, respondent.

John Powers, New York City, and Schneider, Kleinick & Weitz, P. C., New York City (Brian J. Shoot and Gary Ehrlich of counsel), for New York State Trial Lawyers Association, amicus curiae.

Robert Abrams, Attorney-General, Albany, pro se (Michael S. Buskus, Jerry Boone and Peter H. Schiff of counsel), for State of New York, amicus curiae.

Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

Chief Judge KAYE.

Shortly before dawn during August 1983, defendant Andre Robertson, while driving on the Henry Hudson Parkway near 72nd Street in the City of New York, failed to negotiate a curve and drove his car into two highway barriers. The car flipped over, rendering plaintiff, a passenger in the car, a paraplegic.

Plaintiff brought this action against Robertson and the City alleging that Robertson...

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