DAVID v. CITY OF NEW YORK


267 A.D.2d 419 (1999)

700 N.Y.S.2d 235

BARBARA DAVID, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided December 27, 1999.


Ordered that the judgment is reversed, on the law, and a new trial on the issues of liability and damages is granted, with costs to abide the event.

On the morning of January 29, 1990, the plaintiff was injured when she tripped and fell on the sidewalk near the corner of Court and Montague Streets in Brooklyn. The plaintiff subsequently commenced this action against the City, claiming that her accident had been caused by a hole in the curb at the edge of the sidewalk...

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