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DALLAL v. CITY OF NEW YORK

257 A.D.2d 354 (1999)

683 N.Y.S.2d 63

GEORGE DALLAL et al., Respondents-Appellants, v. CITY OF NEW YORK, Respondent, and HERBERT SCHIMMEL et al., Appellants-Respondents, et al., Defendant. CITY OF NEW YORK, Third-Party Plaintiff-Respondent, v. ISRAEL DISCOUNT BANK OF NEW YORK, Third-Party Defendant-Appellant.

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

Decided January 5, 1999.

Despite the attempt of the Director of the Big Apple Pothole and Sidewalk Protection Corporation to refute the factual premise underlying such decision, the holding of the Court of Appeals in Katz v City of New York (87 N.Y.2d 241, 245) that it is a "reasonable expectation that in the event two Big Apple maps depict the same area and both predate plaintiff's accident, the later dated map most accurately portrays the area on the date...

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