CRUZ v. NEW YORK CITY TRANSIT AUTHORITY


19 A.D.3d 130 (2005)

795 N.Y.S.2d 589

ANA CRUZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

June 2, 2005.


Plaintiff allegedly sustained injuries when she tripped and fell over a raised corner of sidewalk near a metal grating owned by defendant Transit Authority. She claims that the defective sidewalk condition was within 12 inches of the grating. Defendant concedes that it maintains the grating but not the abutting sidewalk at issue, except for a 12-inch area around the metal grating. The Highway Rules (34 RCNY ch 2) governing underground street access covers, transformer vault...

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