GREGWARE v. CITY OF NEW YORK

Nos. 7270, 108013/07, 7270A.

94 A.D.3d 470 (2012)

941 N.Y.S.2d 152

2012 NY Slip Op 2578

JAMES GREGWARE et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, BURTIS CONSTRUCTION, CO., INC., Appellant, and MD K. HASAN et al., Respondents.

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

Decided April 5, 2012.


Following a three-car collision on the West Side Highway, plaintiff's vehicle collided with one of the stopped cars. The impact of this collision was slight, and he was not injured. He exited his car to check on the passengers in the other car. After learning that they were uninjured, he returned to his car, retrieved his insurance information, and exited his car a second time. At that moment, a car driven by defendant DaSilva rear-ended plaintiff's car, which struck and...

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