Ohdan v. City of New York

Rosenberger, J. P.

(dissenting). Because the jury’s finding of negligence against the City cannot reasonably be reconciled *91with its determination that the traffic agent’s negligent conduct was not the proximate cause of the accident, a new trial is warranted.

This negligence action arises out of a traffic accident that occurred on April 28, 1992. Defendant Jose Rodriguez was waiting for his nephews in a car that was illegally parked in a “No Standing Zone” on West 48th Street between Broadway and Seventh Avenue. The car was owned by defendant Carmen Morales. Defendant Audrey Jolly, a traffic…