HERRERA v. CITY OF NEW YORK


8 A.D.3d 139 (2004)

779 N.Y.S.2d 27

MARIA HERRERA, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

June 17, 2004.


Plaintiff commenced this action to recover for injuries sustained when she fell, allegedly by reason of a defect in a city-owned sidewalk that had been the site of recent repair work by defendant contractor Anthony D'Amico & Son. Contrary to plaintiff's contention, the trial court properly declined to charge Administrative Code of the City of New York § 19-152 (a) to the jury. Section 19-152 (a) imposes no affirmative sidewalk maintenance duty on either defendant...

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