GAYLE v. CITY OF NEW YORK


247 A.D.2d 431 (1998)

668 N.Y.S.2d 693

Kenneth Gayle et al., Respondents, v. City of New York, Appellant, et al., Defendants

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

February 9, 1998


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed.

The plaintiff Kenneth Gayle was injured when his car allegedly skidded on a wet roadway and collided with a parked trailer. He claims that he lost control of the car when it reached a large puddle which had formed on the roadway due to the appellant's negligence in maintaining proper drainage. However, there were no eyewitnesses to the accident and, as...

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