BAYNE v. CITY OF NEW YORK


29 A.D.3d 924 (2006)

816 N.Y.S.2d 179

PHYLLIS BAYNE, Appellant, v. CITY OF NEW YORK, Respondent.

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

May 30, 2006.


Ordered that the judgment is reversed, on the law, upon reargument, the plaintiff's motion to set aside the jury verdict is granted, the order dated July 20, 2004 is modified accordingly, and the matter is remitted for a new trial, with costs to abide the event.

The plaintiff sustained injuries on August 13, 2000 when she fell on a sidewalk abutting a superette located at 126-02 101st Avenue, Queens. The plaintiff alleged that sidewalk defects proximately caused her...

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