Plaintiff John Smullen, an officer in the New York City Police Department, was on midnight traffic duty outside Yankee Stadium after a baseball game. He and his partner were responsible for accommodating the increased volume of traffic using an entrance to the Major Deegan Expressway by temporarily altering the traffic lanes on the roadway with flares. Plaintiff was injured when he was hit by a car while replacing some flares which were low. The uncontradicted testimony at...
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