Laracuente v. City of New York

In an action to recover damages for wrongful death, etc., the defendant City of New York appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), dated June 28, 2011, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff alleges that at approximately 4:45 a.m. on September 28, 2005, his decedent, while walking across the Horace Harding Expressway, a service road along the Long Island Expressway, near the intersection with Springfield…