CERIO v. CARRINGTON

6603, 123431/02, 591294/03.

161 A.D.3d 541 (2018)

77 N.Y.S.3d 42

2018 NY Slip Op 03597

Theresa A. Cerio, Appellant, v. Jonathan Carrington et al., Defendants, and City of New York, Respondent. (And a Third-Party Action.)

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

Decided May 17, 2018.


Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided with a taxicab. Carrington's vehicle then careened onto the sidewalk and struck plaintiff.

The City established its prima facie burden of demonstrating that the intersection where the accident occurred was reasonably safe, and that it did not have any prior complaints about motorists making illegal u-turns. The City was not required to continually...

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