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GREGORIO v. CITY OF NY

246 A.D.2d 275 (1998)

677 N.Y.S.2d 119

Leonard J. Gregorio, Public Administrator of Westchester County, as Administrator of The Estate of Pawel A. Fruba, Deceased, Plaintiff, v. City of New York et al., Defendants Stanislaw Starczewski, Individually and as Administrator of The Estate of Iwona Starczewski, Deceased, Appellant, v. City of New York, Respondent Public Administrator of the County of Westchester, as Administrator of The Estate of Jolanta E. Glowacz, Deceased, Appellant, v. City of New York, Respondent. (And Another Action.)

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

August 20, 1998

Attorney(s) appearing for the Case

Harry Steinberg of counsel, New York City (Brian J. Shoot on the brief; Schneider, Kleinick, Weitz, Damashek & Shoot, attorneys), for appellants.

Ellen B. Fishman of counsel (Leonard Koerner on the brief; Jeffrey D. Friedlander, Acting Corporation Counsel of New York City, attorney), for respondents.

ROSENBERGER, ELLERIN and TOM, JJ., concur.

MILONAS, J. P.

These consolidated wrongful death and personal injury actions arise out of a July 1987 accident on a viaduct section of the Bronx River Parkway. Defendant Claudio Robles was driving south when his car crashed into the rear of another car. Robles lost control of his vehicle, which hit the concrete median barrier separating southbound from northbound traffic, crossed the median and struck an oncoming...

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