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BENJAMIN v. CITY OF NEW YORK

10029. 106847/04.

178 A.D.3d 557 (2019)

116 N.Y.S.3d 22

2019 NY Slip Op 09098

Yannick Benjamin et al., Appellants, v. City of New York et al., Respondents.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York ( John Moore of counsel), for the City, respondent.

Torino & Bernstein, P.C., Mineola ( Bruce A. Torino of counsel), for Trocom Construction Corp., respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Singh, JJ.

Plaintiffs allege that plaintiff Yannick Benjamin was injured after his car collided with and rolled over a guiderail on the northbound side of the Henry Hudson Parkway, near 96th Street. This action was brought against the City and various City agencies (the City defendants), alleging negligence. The action against defendant Trocom Construction Corp. (Trocom) alleges liability based upon its' contract with the City to replace certain damaged guiderails between 79th and 125th...

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