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OHLHAUSEN v. CITY OF NEW YORK

103140/06, 2010

73 A.D.3d 89 (2010)

898 N.Y.S.2d 120

ROLF OHLHAUSEN, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 1, 2010.

Attorney(s) appearing for the Case

Wallace D. Gossett , Brooklyn ( Lawrence Heisler , of counsel), for appellant.

Hofmann & Associates / New York City ( Dario Anthony Chinigo , of counsel), for respondent.

MAZZARELLI, J.P., ACOSTA, DEGRASSE and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

On September 14, 2005, a clear, sunny morning, plaintiff Rolf Ohlhausen, a 73-year-old architect, left his apartment on the Upper West Side of Manhattan, and drove his Suzuki motorcycle downtown, headed for the New School in Greenwich Village, where he was enrolled in a philosophy course.

Shortly before 10:00 A.M. on that date, Police Officer Keith Murray, in pursuit of a robber, was driving his patrol cruiser on West...

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