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RODRIGUEZ v. PALACIO

2018-12124, 2018-12368. Index No. 28861/11.

199 A.D.3d 728 (2021)

157 N.Y.S.3d 75

2021 NY Slip Op 06000

Roberto Rodriguez, Appellant, v. Alexander Palacio, Defendant, and City of New York et al., Respondents.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

Queller, Fisher, Washor, Fuchs & Kool, New York, NY ( Matthew J. Maiorana of counsel), for appellant.

Harris Beach PLLC, New York, NY ( Andrew J. Orenstein , Svetlana K. Ivy , and Bradley M. Wanner of counsel), for respondents City of New York, New York City Department of Transportation, and New York City Economic Development Corporation.

Kennedys CMK (Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY [ Timothy R. Capowski and John F. Watkins ], of counsel), for respondent LiRo Engineers, Inc.

Pillinger Miller Tarallo, LLP, Elmsford, NY ( Patrice M. Coleman of counsel), for respondent Triumph Construction Corp.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.

Ordered that the orders are affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

These related appeals arise out of a fatal single-vehicle accident that occurred on the exit ramp of the eastbound Queensboro Bridge South Outer Roadway at approximately 4:00 a.m. on April 6, 2011. According to the police accident report, the driver of the vehicle, the defendant Alexander Palacio, struck the curb while traveling on the South...

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