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SIRAGUSA v. CITY OF NEW YORK

283 A.D.2d 294 (2001)

727 N.Y.S.2d 389

YVONNE SIRAGUSA et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent, and TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided May 22, 2001.

Plaintiff fell over a bump or rise extending across a crosswalk that connects pedestrian islands within the intersection of Joseph P. Ward Street and West Street near the exit lanes of the Brooklyn Battery Tunnel, and sued the City of New York and TBTA for their negligence in maintaining the crosswalk. The evidence as to control, while conflicting, fairly supports the finding that maintenance of the crosswalk was the responsibility of TBTA, not the City. Particularly persuasive...

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