RODRIGUEZ v. CITY OF NEW YORK

6741, 21640/06.

161 A.D.3d 682 (2018)

77 N.Y.S.3d 48

2018 NY Slip Op 03821

Jamie W. Rodriguez, Respondent, v. City of New York et al., Appellants, et al., Defendants.

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

Decided May 29, 2018.


The decedent, who trespassed onto a Yankee Stadium parking lot in the off season together with other trespassers who similarly rode motorcycles, dirt bikes and all-terrain vehicles, suffered fatal injuries in a collision with an all-terrain vehicle operated by defendant Pena. The record shows that the nature of the trespass activity involved was commonplace for the parking lot in question, for at least two years, and that drag racing

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