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OMER v. RODRIGUEZ

294 A.D.2d 202 (2002)

743 N.Y.S.2d 75

SAADA OMER et al., Appellants, v. LUIS J. RODRIGUEZ, Defendant, and CITY OF NEW YORK, Respondent.

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

Decided May 16, 2002.

Plaintiff was allegedly struck by a vehicle as she crossed East Fordham Road in the Bronx. It is undisputed that, at the time of her accident, plaintiff was not crossing at a designated crosswalk. She maintains nonetheless that the municipal defendant is responsible for her harm because it did not maintain a fence on the median opposite her as she crossed to deter her from crossing where she did. This is not a viable theory of...

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