FLORES v. CITY OF NEW YORK


29 A.D.3d 356 (2006)

815 N.Y.S.2d 48

MARIBEL FLORES, Respondent, v. CITY OF NEW YORK, Defendant, and EMPIRE CITY SUBWAY, Appellant.

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

May 11, 2006.


Plaintiff commenced this action against defendant City of New York (not a party to this appeal) and ECS, alleging she sustained injuries when she tripped and fell over a defect in a crosswalk. Specifically, plaintiff testified at her deposition that on September 21, 1998, as she was crossing the street at an intersection in the Bronx, she fell in a hole adjacent to a manhole cover. Her notice of claim placed the location of this hole at "approximately five feet south of the...

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