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RUIZ v. CITY OF NEW YORK

289 A.D.2d 42 (2001)

734 N.Y.S.2d 35

OLIVA RUIZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 6, 2001.

The motion was properly denied. The trial evidence, fairly considered, permitted the jury to conclude that plaintiff had not fallen in a hole in the City-owned sidewalk, but rather that her injuries were caused when she fell on ice. The issue of whether plaintiff credibly testified at trial that she had fallen in a sidewalk hole, when she had testified at her deposition four years earlier that she had fallen on ice, was the jury...

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