DIAKITE v. CITY OF NEW YORK


42 A.D.3d 338 (2007)

840 N.Y.S.2d 33

ALASSANE DIAKITE, as Administrator of the Estate of MAMADI SQUARE, Also Known as MAMADY SOURE, Deceased, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided July 12, 2007.


Decedent's car was on the southbound Macombs Dam Bridge Approach waiting to turn left onto the eastbound down ramp to East 161st Street eastbound, when it was struck in the rear by a hit and run driver. After the impact, decedent's car rapidly accelerated onto the down ramp, bounced off a parked car and crashed through an "iron fence" separating the down ramp from the 161st Street underpass. Decedent was ejected from the car and...

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