Nunez v. City of New York

Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered January 29, 1990, which granted defendant and third-party plaintiff City of New York’s motion for summary judgment dismissing the complaint, and denied the plaintiffs cross-motion for disclosüre, is unanimously affirmed, without costs.

We agree with the IAS court that at the time of the decedent’s accident in 1983, the State of New York, not defendant City, owned, operated, controlled, designed and constructed the entrance ramp of the Major Deegan Expressway where the accident occurred, by reason of sections 340-b (5) and 349-c…