GNECO v. CITY OF NEW YORK


25 A.D.3d 355 (2006)

807 N.Y.S.2d 346

JOSE GNECO et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

January 5, 2006.


As the trial record shows, plaintiff sustained injuries when, in the early afternoon of May 31, 1997, in an underpass tunnel under the Grand Concourse at 167th Street in the Bronx, a car he was driving struck a concrete barrier to his right separating from the main roadway a lane which, at one time, had been used as a bus stop. According to plaintiff, at the tunnel opening, as he passed from bright sunlight into the tunnel, he took off his sunglasses, a task that took "a...

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