TOYOS v. CITY OF NEW YORK


304 A.D.2d 319 (2003)

758 N.Y.S.2d 19

SYLVIA E. TOYOS et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided April 1, 2003.


The record amply supports the jury's finding that plaintiffs sustained their injuries in a collision caused in part by the City's negligent failure to provide turnouts or other places of refuge for disabled cars on the Harlem River Drive above 164th Street. Five years before the accident, the City had received a study recommending that shoulders be added to this section of the Harlem River Drive, and even the City's engineer admitted that the absence of a shoulder or other...

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