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REVIS v. CITY OF NEW YORK

18 A.D.3d 290 (2005)

795 N.Y.S.2d 200

TOBY REVIS, Appellant, v. CITY OF NEW YORK, Respondent.

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

May 17, 2005.

The jury's finding that the City had notice of the alleged defect but that it was not negligent in permitting the condition to exist is supported by a fair interpretation of the evidence and is not against the weight of the evidence (see Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]; McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]; Nicastro v Park,

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