108013/07, 14970.

132 A.D.3d 51 (2015)

15 N.Y.S.3d 21

2015 NY Slip Op 06408

JAMES GREGWARE et al., Respondents, v. CITY OF NEW YORK, Appellant, BURTIS CONSTRUCTION CO. INC., Appellant-Respondent, and ABELARDO DA-SILVA, Respondent.

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

Decided August 4, 2015.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( George S. Wang , Shannon K. McGovern and Jamie H. Somoza of counsel), Corporation Counsel, New York City ( Zachary W. Carter of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury ( Deidre E. Tracey and Matthew W. Naparty of counsel), for appellant-respondent.

Gair, Gair, Conason, Steigman, MacKauf, Bloom & Rubinowitz, New York City ( Ben Rubinowitz and Richard M. Steigman of counsel), for Gregware respondents.

Thomas M. Bona, P.C., White Plains ( James C. Miller and Thomas M. Bona of counsel), for Abelardo Da-Silva, respondent.

CLARK and KAPNICK, JJ., concur with MANZANET-DANIELS, J.; SWEENY, J., dissents in a separate opinion in which TOM, J.P., concurs.


This appeal arises from a judgment entered in favor of plaintiffs following a multivehicle collision on the West Side Highway. The jury determined that the City of New York and Burtis Construction Co. were negligent and had acted with reckless disregard for the safety of others in setting up an...

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