GONZALEZ v. CITY OF NEW YORK


268 A.D.2d 214 (2000)

700 N.Y.S.2d 462

JANET GONZALEZ, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided January 4, 2000.


Plaintiff's case against the City rests on two alleged roadway defects that are claimed to have contributed to the collision of the vehicle she was operating with a tree alongside the roadway. Plaintiff alleges, first, that there was a "drop off" of from four to eight inches at the right edge of the roadway, which was created by the juxtaposition of the roadway, which had been elevated by resurfacing, with allegedly deteriorated curbing of the adjoining median; and, second...

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