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DiCupe v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1990
167 A.D.2d 442 (N.Y. App. Div. 1990)

Opinion

November 19, 1990

Appeal from the Supreme Court, Kings County (Hutcherson, J.).


Ordered that the order is affirmed, with costs to the respondent City of New York, for reasons stated by Justice Hutcherson at the Supreme Court.

Additionally, we note that contrary to the plaintiffs' contention, the issue of whether the defendant City of New York was entitled to summary judgment on the basis of qualified immunity pursuant to Weiss v. Fote ( 7 N.Y.2d 579) was raised in a timely fashion before the Supreme Court. Further, we find that the plaintiffs failed to present proof raising a triable issue of fact concerning whether the design of the roadway where the injured plaintiff's accident occurred was made without adequate study or lacked a reasonable basis (see, Weiss v. Fote, supra, at 589). Thompson, J.P., Lawrence, Eiber and Ritter, JJ., concur.


Summaries of

DiCupe v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1990
167 A.D.2d 442 (N.Y. App. Div. 1990)
Case details for

DiCupe v. City of New York

Case Details

Full title:CHANTEL DiCUPE, an Infant, by Her Father and Natural Guardian, CARLOS…

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

Date published: Nov 19, 1990

Citations

167 A.D.2d 442 (N.Y. App. Div. 1990)

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