COAKLEY v. CITY OF NEW YORK


286 A.D.2d 576 (2001)

730 N.Y.S.2d 72

LORRAINE COAKLEY, Appellant, v. CITY OF NEW YORK, Defendant, and METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents. (And Other Third-Party Actions.)

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

Decided September 6, 2001.


Plaintiff testified that as she was walking back from lunch to the employees' entrance to the post office on Lexington Avenue at 45th Street, she turned right onto Depew Place "by a pole," and the flat heel of her left shoe got caught on something. As she tried to regain her balance with her right foot, she looked down and saw "a strip with the hole in it in which my left shoe was caught," before tumbling over twice into the gutter. The "strip" was an expansion joint in the...

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