THOMAS v. CITY OF NEW YORK


301 A.D.2d 387 (2003)

753 N.Y.S.2d 468

DWAYNE THOMAS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 9, 2003.


A review of plaintiff's deposition testimony, defendant City's photographs of the alleged defect, and the City investigator's report and accompanying affidavit, indicates that the defect alleged to have caused plaintiff's injury was a metal grating barely raised above the adjacent public sidewalk. Although there is no "minimal dimension test," in the absence of other contributing factors, the differential in height between the alleged defect and the sidewalk may "loom large...

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