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| Cruz v. City of New York, 607 NYS 2d 969 (1994). A bicyclist riding on a pedestrian walkway of the Williamsburgh Bridge in June 1985 hit a depression in the pedestrian path, his front tire became lodged, and he was thrown from the bicycle. The City contended the plaintiff's conduct was extreme in riding a narrow tired bicycle late at night on a poorly lit pedestrian path which the plaintiff knew was damaged, when the plaintiff was impaired by fatigue and consumption of alcohol, and that this was the superseding cause of the accident. This argument was found to be without merit. The trial court had found the City to be 90% at fault, and the court (Supreme Court, Appellate Division, Second Department) agreed with the City that this was against the weight of credible evidence. A new trial was ordered limited to this issue. | ||||
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