SMITH v. CITY OF NEW YORK


38 A.D.3d 641 (2007)

831 N.Y.S.2d 517

ROBERT SMITH, Respondent, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. WELLSBACH ELECTRIC CORP., Third-Party Defendant.

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

Decided March 13, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured on April 15, 2000 while crossing Eastern Parkway in the crosswalk at the intersection of Utica Avenue, when he was struck by an automobile driven by the defendant Delroy Thompson. The plaintiff alleged that Thompson was negligent in the operation of his vehicle, and that the defendant third-party plaintiff City of New York was negligent in setting the timing...

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