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CHOWDHURY v. PHILLIPS

306 A.D.2d 51 (2003)

761 N.Y.S.2d 169

JASMINE CHOWDHURY et al., Appellants, et al., Plaintiff, v. WILLIAM E. PHILLIPS et al., Respondents.

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

Decided June 5, 2003.

This action for personal injuries and wrongful death arose out of a December 24, 1994 automobile accident on the Harlem River Drive. On March 20, 1996, plaintiffs commenced the action against defendants William Phillips, the driver of the vehicle that struck the decedent Zamal Chowdhury and plaintiff Ubedur Quarashi, and the City of New York (City). The theory of liability against the City was that it had negligently designed and maintained the roadway where the accident...

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