ROLDAN v. CITY OF NEW YORK


36 A.D.3d 484 (2007)

831 N.Y.S.2d 110

JESSENIA ROLDAN et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided January 16, 2007.


Plaintiff claims that she tripped and fell as a result of a round hole in the sidewalk. The last Big Apple map received by defendant City of New York prior to the accident noted that the sidewalk in the area in question was cracked or raised, or both. There is no mention of a hole. The awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident (see Waner v City of New York, 5...

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