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WITTORF v. CITY OF NEW YORK

No. 101

23 N.Y.3d 473 (2014)

15 N.E.3d 333

991 N.Y.S.2d 578

2014 NY Slip Op 4037

RHONDA WITTORF, Appellant, v. CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided June 5, 2014.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo P.C., New York City ( Brian J. Shoot of counsel), and Dansker & Aspromonte Associates ( Paul Dansker of counsel) for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Ronald E. Sternberg and Leonard Koerner of counsel), for respondent.

Robert F. Danzi , New York City, and Michael S. Buskus for New York State Trial Lawyers Association, amicus curiae.

OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiff's bicycle accident in order to determine if the jury properly evaluated the City's actions under ordinary negligence principles.

On the morning of November 5, 2005, Donald Bowles, a supervisor with the Department of Transportation for the City of New York...

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