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GAYLE v. CITY OF NEW YORK

92 N.Y.2d 936 (1998)

703 N.E.2d 758

680 N.Y.S.2d 900

Kenneth Gayle et al., Appellants, v. City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Steigman & Mackauf, New York City (Seymour Boyers and Herman Schmertz of counsel), and O'Dwyer & Bernstein for appellants.

Michael D. Hess, Corporation Counsel of New York City (Alan G. Krams and Kristin M. Helmers of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for consideration of the facts and issues raised but not determined on appeal to that Court.

Plaintiff Kenneth Gayle was injured when his car skidded on a wet roadway and collided with a parked trailer. There were no eyewitnesses to the accident, and, as a result of injuries sustained...

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