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MATIAS v. CITY OF NEW YORK

292 A.D.2d 311 (2002)

741 N.Y.S.2d 497

LUZ MATIAS, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided March 28, 2002.

Plaintiff slipped at a bus stop on a cracked curb which abutted a large, uneven mound of asphalt. The asphalt had accumulated to a level higher than the sidewalk, and was pressing against the curb where she fell. Plaintiff sued the City, NYCTA and MABSTOA, asserting that the accident was caused by a "depressed, broken section of the curb * * * approximately 3' long, 6" wide and approximately 1½" deep." She alleged that the curb "met up against a raised bump/hump in the...

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