GAYLE v. CITY OF NEW YORK


256 A.D.2d 541 (1998)

682 N.Y.S.2d 426

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.

Decided December 28, 1998.


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new trial in accordance herewith.

The plaintiff Kenneth Gayle was injured when his car 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 negligence of the defendant City of New York in maintaining...

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