The undisputed evidence shows that plaintiff was injured when, fully conscious of the risk involved in stepping over an obvious sidewalk excavation, she nevertheless unsuccessfully attempted to do so though an alternate way, earlier used by her, had provided a safe course across the roadway over which she was required to travel en route to her home. In our opinion, plaintiff was thus contributorily negligent as a matter of law (Nucci v. Warshaw Constr. Corp.,
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FRIEDMAN v. CITY OF NEW YORK
29 A.D.2d 676 (1968)
Ray Friedman, Respondent, v. City of New York, Respondent-Appellant, and Mac Asphalt Construction Corp., Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
January 22, 1968
January 22, 1968
Appellate Division of the Supreme Court of the State of New York, Second Department.
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