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GAINEY v. CITY OF NEW YORK

278 A.D.2d 102 (2000)

718 N.Y.S.2d 36

HOWARD GAINEY, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided December 14, 2000.

Although defendant City contends that plaintiff failed to make out a prima facie case that it caused and/or created the defect that allegedly resulted in plaintiff's trip and fall, the testimony of plaintiff's expert, viewed in the light most favorable to plaintiff (see, McCummings v New York City Tr. Auth., 81 N.Y.2d 923, 926, cert denied 510 U.S. 991; see also, Van Diepen v Kidder, Peabody & Co.,

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