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SCOTT v. CITY OF NEW YORK

16 A.D.3d 485 (2005)

791 N.Y.S.2d 184

OMRIE SCOTT, Respondent, v. CITY OF NEW YORK, Appellant, and EDWARD J. GLADICK, Respondent.

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

March 14, 2005.

Ordered that the order is affirmed, with costs to the plaintiff-respondent.

The plaintiff's decedent was killed when the bicycle he was riding, while exiting a pedestrian walk, collided with an automobile driven by the defendant Edward J. Gladick at the intersection of the southbound Clearview Expressway Service Road and 46th Avenue in Queens. There was no stop sign or other traffic control device at the intersection. The plaintiff commenced this action, alleging...

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