COOKE v. CITY OF NEW YORK

Nos. 7570, 107414/09, 7570A.

95 A.D.3d 537 (2012)

943 N.Y.S.2d 512

2012 NY Slip Op 3555

MARCELL COOKE, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 8, 2012.


Plaintiff alleges that, on June 6, 2008, she suffered injuries in a trip and fall, caused by a hole created by the height differential between a metal access plate and the surrounding roadway, at a Manhattan crosswalk. On July 29, 2008, plaintiff served a notice of claim on the City of New York, which, inter alia, described defendant's negligence as consisting of "their failure to maintain and repair [the] access plate and adjacent...

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