SANTULLI v. CITY OF NEW YORK


287 A.D.2d 352 (2001)

731 N.Y.S.2d 173

THERESA SANTULLI, Respondent, v. CITY OF NEW YORK, Respondent, and OLYMPIA & YORK 60 BROAD STREET COMPANY, Appellant, et al., Defendant.

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

Decided October 18, 2001.


The sidewalk in question has circular patterns imbedded with expansion joints that, judging from the photographs in the record and in the absence of testimony on point, appear to be at least one inch in width. Plaintiff asserts that she fell when her two-inch high, and at most one-inch wide heel became caught in a 1½-inch depression in the circular pattern that was created by missing joint filler, and which created a crevice that was deeper than the other parts of the...

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