ALBANY – New York City can be held liable for the actions of a Department of Transportation supervisor who allowed a bicyclist to enter a damaged stretch of road in Central Park, where she fell and was hurt, the state Court of Appeals ruled Thursday.
In reinstating an award of just over $2 million, the court found that the supervisor was engaged in a proprietary function on Nov. 5, 2005, when he told cyclist Rhonda Wittorf that it was “OK to go through” the roadway, and not a governmental function for which the city would be insulated through a higher standard of negligence.
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