AYLON v. CITY OF NEW YORK


256 A.D.2d 68 (1998)

681 N.Y.S.2d 258

HELENE AYLON, Also Known as HELENE A. FISCH, Respondent, v. CITY OF NEW YORK, Defendant, and TEXAS COMMERCE BANK, as Successor Trustee to SAN ANTONIO LOAN & TRUST CO., as Trustee of the ETHEL M. TOBIN TRUST, Appellant.

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

Decided December 8, 1998.


Plaintiff claims injury as a result of a trip and fall on the sidewalk abutting defendant Texas Commerce Bank's property at 709 Park Avenue in Manhattan. At the time of the fall, plaintiff was walking alongside a fire hydrant situated on the sidewalk. She felt her left foot catch on to something, causing her to fall. After her fall, she observed that the area around the hydrant consisted of broken up gravel or asphalt, which was lower in height than the cemented area of the...

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