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GAINES v. CITY OF NY

8 Misc.3d 968 (2005)

797 N.Y.S.2d 901

JANIE GAINES, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Bronx County.

June 27, 2005.

Attorney(s) appearing for the Case

Jacoby & Meyers, LLP, Newburgh (Marie DuSalt of counsel), for plaintiff.

Michael A. Cardozo, Corporation Counsel, Bronx (Eric Sugar of counsel), for City of New York, defendant.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Issue Presented

When a plaintiff is injured through the use of a vehicle owned by the City of New York but operated by the New York City Transit Authority, is the defendant City liable by virtue of its ownership of the vehicle pursuant to Vehicle and Traffic Law § 388? The issue appears to be one of first impression in this state.1<...

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