DEUTCH v. CITY OF NEW YORK

Index No. 155894/17. Appeal No. 15940. Case No. 2022-00220.

205 A.D.3d 502 (2022)

165 N.Y.S.3d 857

2022 NY Slip Op 03174

Peter Deutch et al., Respondents, v. City of New York et al., Defendants, and Hellman Electric Corporation et al., Appellants.

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

Decided May 12, 2022.


Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Brian L. Battisti of counsel), for appellants.

Ronemus & Vilensky, LLP, Garden City ( Lisa M. Comeau of counsel), for respondents.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.


This action arises from a collision between a flatbed truck and plaintiff, a cyclist in Central Park's East Drive, which is a three lane roadway. The leftmost lane is for pedestrians, the middle is for cyclists, and the rightmost lane is for vehicular traffic. Plaintiff, who was cycling in the middle bike lane and was approaching the truck, told emergency personnel who responded to the scene that he had swerved to the right to avoid striking pedestrians in the lane directly...

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