HENNESSEY-DIAZ v. CITY OF NEW YORK

2619, 150205/12.

146 A.D.3d 419 (2017)

2017 NY Slip Op 00025

44 N.Y.S.3d 404

JOSÉ R. HENNESSEY-DIAZ, Appellant, v. CITY OF NEW YORK, Respondent, and 601-142 REALTY L.L.C., Appellant.

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

Decided January 3, 2017.


The affidavit of Ralph Gentles, an associate production manager of Sanborn Map Co., Inc. responsible for the legend on Big Apple Maps, wherein he averred that the symbol for a "raised or uneven portion of the side walk," which appears on the Big Apple Map in the area where plaintiff tripped over a raised manhole cover, also applied to the manhole cover which would have been considered part of the sidewalk, was competent evidence of the business or professional custom or practice...

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