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D'ONOFRIO v. CITY OF NEW YORK

41 A.D.3d 235 (2007)

839 N.Y.S.2d 24

PASQUALE D'ONOFRIO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided June 19, 2007.

The trial evidence showed that plaintiff fell on a defective subway grating in the vicinity of 20 Broad Street. However, the map filed with the Department of Transportation by the Big Apple Pothole and Sidewalk Protection Corporation, from which the City purportedly gained notice of the defect, only depicted uneven or raised areas of the sidewalk in the general area in front of 20 Broad Street, not a defective subway grating, and, as such, was inadequate to support an action...

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