TINEO v. PARKCHESTER SOUTH CONDOMINIUM


304 A.D.2d 383 (2003)

759 N.Y.S.2d 9

ANA R. TINEO, Appellant, v. PARKCHESTER SOUTH CONDOMINIUM et al., Respondents.

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

Decided April 10, 2003.


According to her deposition testimony, plaintiff fell when her right foot became stuck on the broken blacktop on the outside of a gate on a walkway owned and maintained by defendants in the Bronx housing development known as Parkchester. Plaintiff described the defect as broken and uneven asphalt pavement in bad condition. Plaintiff's expert, who inspected the area of the fall, described the condition as a "3/4 inch deep depression, nominally two feet long by two feet wide...

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