ALEXANDER v. CITY OF NEW YORK


240 A.D.2d 603 (1997)

659 N.Y.S.2d 998

Estelle Alexander et al., Appellants, v. City of New York et al., Respondents, et al., Defendant

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

June 23, 1997


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

The plaintiff Estelle Alexander allegedly tripped and fell over an elevated sidewalk flag owned by the defendant City of New York. Her testimony was not contradicted at trial. The jury returned a verdict finding that the City was negligent, but that its negligence was not a substantial factor in causing the accident. The plaintiffs contend, inter alia, that the City

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