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BIRNBAUM v. HYMAN

43 A.D.3d 374 (2007)

841 N.Y.S.2d 274

RICHARD BIRNBAUM, Respondent, v. RITA HYMAN, Appellant, et al., Defendants. RITA HYMAN, et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and RICHARD BIRNBAUM, Respondent.

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

Decided August 30, 2007.

These two related actions arise from a two-car collision on May 8, 2003 on Riverdale Avenue near 231st Street in the Bronx. This particular section of Riverdale Avenue had been a two-way road. However, more than a year before the accident, part of the retaining wall along Riverdale Avenue collapsed. As a result, that section of Riverdale Avenue was reduced to one lane and temporarily made one way, northbound. Birnbaum was driving north, up a hill, and Rita Hyman was driving...

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