Legal Opinion

Batista v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 2012No. Appeal Nos. 1 and 2; Appeal No. 3Published

1Opinion of the Court

*775Shortly after midnight on July 16, 2003, employees of the Welsbach Electric Corp. were dispatched to remove a downed light pole on the Jackie Robinson Parkway near Woodhaven Boulevard in Queens. The workers stopped their construction trucks near the downed light pole, closed off the right lane of the westbound parkway with cones, and activated a blinking yellow merge arrow on one of their trucks. Vladimir Magliore was driving his van westbound in the right lane when he observed the cones about three car lengths ahead of him, and began to apply his brakes. Unable to merge left because of…

2Cases cited9 opinions

  1. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  2. Jablonski v. JakaitisAppellate Division of the Supreme Court of the State of New York · 2011
  3. Blasso v. ParenteAppellate Division of the Supreme Court of the State of New York · 2010
  4. Saviano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  5. Hyeon Hee Park v. Hi Taek KimAppellate Division of the Supreme Court of the State of New York · 2007

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