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TIKOTZKY v. CITY OF NEW YORK

286 A.D.2d 493 (2001)

729 N.Y.S.2d 525

SHIFRA TIKOTZKY et al., Respondents, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided August 27, 2001.

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

This action involves a one-car motor vehicle accident which occurred on May 16, 1998, on McDonald Avenue in Brooklyn, approximately 70 to 80 feet north of the intersection with Avenue M. The plaintiff Wolf Tikotzky and several members of his family were riding in a car traveling on McDonald Avenue when the wheels of the vehicle struck exposed metal trolley tracks. The tires...

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