BRONCATI v. CITY OF WHITE PLAINS


6 A.D.3d 476 (2004)

774 N.Y.S.2d 573

LUCRETIA BRONCATI et al., Respondents, v. CITY OF WHITE PLAINS, Appellant, et al., Defendants.

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

April 12, 2004.


Ordered that the interlocutory judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff was injured when she stepped off a curb in the City of White Plains that was approximately 20 inches higher than the road surface. A bifurcated trial was held to determine the liability of, among others, the City. During...

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