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RUBINFELD v. NYC

170 Misc.2d 868 (1996)

652 N.Y.S.2d 688

Adele Rubinfeld et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Kings County.

November 13, 1996

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Gordon D. Miller of counsel), for City of New York, defendant. Gerald D. Bruckner, Lake Success (James J. Thornton of counsel), for Yosef Odani and another, defendants. Michael Stewart Frankel, New York City (Evan Gewirtz of counsel), for plaintiffs.

HERBERT KRAMER, J.

What constitutes a nondelegable duty pursuant to CPLR 1602?

The City has moved by way of posttrial motion to limit its liability to 20% of the total economic loss recovered by the plaintiff pursuant to CPLR article 16.1 Plaintiff was struck by the Odani vehicle as she crossed at an intersection that had a broken walk/don't walk signal.

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