RYAN v. CITY OF NEW YORK

1869, 16836/05

68 A.D.3d 613 (2009)

2009 NY Slip Op 9521

891 N.Y.S.2d 378

RONALD RYAN et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, NEW YORK DAILY NEWS COMPANY et al., Respondents, and RYDER TRUCK RENTAL, Appellant.

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

Decided December 22, 2009.


Ryder established prima facie that the problems with the brakes on the truck it maintained were unanticipated and that it exercised reasonable care to keep the brakes in good working order (see Normoyle v New York City Tr. Auth., 181 A.D.2d 498 [1992]). However, defendant Daily News, the owner of the truck, submitted evidence sufficient to raise issues of fact whether the brakes were defective and not properly maintained. Defendant...

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