Willis v. City of New York

Full title: SUSAN WILLIS et al., Appellants, v. CITY OF NEW YORK, Respondent, and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1985

107 A.D.2d 747 (N.Y. App. Div. 1985)

Opinion

January 22, 1985

Appeal from the Supreme Court, Kings County (Shaw, J.).

Order affirmed, without costs or disbursements.

Under subdivision 3.4 of section 349-c and section 349-d High. of the Highway Law, the State, and not the city, had jurisdiction over Ocean Parkway in Brooklyn during its reconstruction when the accident occurred (see Farrell v. Town of North Salem, 205 N.Y. 453; Allen v. Village of Holley, 226 App. Div. 294).

The doctrine of equitable estoppel cannot be applied to estop the city from asserting that the State, rather than the city, was responsible for maintaining the site of the accident. Appellants have made no showing of prejudice or surprise (see Quaglia v Incorporated Vil. of Munsey Park, 54 A.D.2d 434, affd 44 N.Y.2d 772). Titone, J.P., Mangano, Weinstein and Brown, JJ., concur.