DUNN v. CITY OF NEW YORK


301 A.D.2d 493 (2003)

752 N.Y.S.2d 895

ROBERT L. DUNN, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided January 13, 2003.


Ordered that the order and interlocutory judgment are affirmed, with one bill of costs.

Contrary to the appellant's contention, the plaintiff introduced sufficient evidence from which a rational jury could have concluded that it was "more likely" or "more reasonable" that a vehicle crossed over to the plaintiff's side of the road, and caused an accident because of the appellant's negligent design and signage of the area rather "than by some other agency" (Gayle...

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