LAUGHTON v. CITY OF NEW YORK


30 A.D.3d 472 (2006)

817 N.Y.S.2d 105

NAOMI LAUGHTON, Respondent, v. CITY OF NEW YORK, Appellant.

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

June 13, 2006.


Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint dismissed.

The plaintiff alleged in her complaint and bill of particulars that she tripped and fell on an "uneven sidewalk" in front of the premises at 184 MacDonough Street in Brooklyn. At trial, she described the defective condition as "a raised pavement at least about three [inches]." However, the Big Apple Pothole and Sidewalk Corporation map of the site contained...

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