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SAURAY v. CITY OF NEW YORK

261 A.D.2d 601 (1999)

690 N.Y.S.2d 716

RONALD SAURAY, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent.

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

Decided May 24, 1999.

Ordered that on the Court's own motion, the defendant's notice of appeal and the plaintiff's notice of cross appeal are treated as applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On the evening of July 14, 1991, the 18-year-old plaintiff and four companions were riding mountain bikes...

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