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BARRY v. CITY OF NEW YORK

283 A.D.2d 300 (2001)

724 N.Y.S.2d 613

BRIAN BARRY, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 22, 2001.

The verdict is fairly supported by evidence that, for unexplained reasons, the City vehicle that was in front of the tow truck that was in front of plaintiff either stopped suddenly or failed to give a proper signal that it was already stopped, setting in motion a chain of events culminating in plaintiff's motorcycle sliding into the rear of the tow truck after he hit a raised crack in the roadway and lost control of his brakes...

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