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SOTO v. CITY OF NEW YORK

276 A.D.2d 449 (2000)

716 N.Y.S.2d 1

ANTHONY SOTO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided October 31, 2000.

The motion court properly set aside the verdict as to liability since it was possible, in light of the Court of Appeals decision in Woodson v City of New York (93 N.Y.2d 936), handed down subsequent to the trial of this matter, that the jury's general liability verdict for plaintiff had been premised on a theory requiring prior notice to defendant of the stairway defects alleged to have caused plaintiff's harm, and such notice had...

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