STEINER v. CITY OF NEW YORK


203 A.D.2d 450 (1994)

610 N.Y.S.2d 328

Pearl Steiner, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 1994


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court did not err in excluding from evidence the two photographs marked exhibits 3 and 4 for identification. The curtain rod in the photographs was not a proper comparative object and the photographs did not serve to illustrate or measure the depth of the depression in the sidewalk where the plaintiff fell with any degree of accuracy (see, 29 Am Jur 2d, Evidence, §...

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