SIMONS v. CITY OF NEW YORK


252 A.D.2d 451 (1998)

675 N.Y.S.2d 597

Stuart Simons et al., Appellants, v. City of New York, Respondent Stuart Simons et al., Respondents, v. City of New York, Appellant

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

July 23, 1998


Plaintiff Stuart Simons, a police officer attending Criminal Court in connection with investigative duties, was asked to escort a complainant to the subway. There is no evidence that this request resulted from any fear for the complainant's safety. Plaintiff, en route to the subway, allegedly was injured when he tripped and fell on a depression around a metal plate in the roadbed as he was stepping off a curb. Plaintiff claimed that the defect was created by negligent repair...

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