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YISRAEL v. CITY OF NEW YORK

38 A.D.3d 647 (2007)

832 N.Y.S.2d 598

KHAMUL YISRAEL, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided March 13, 2007.

Ordered that the order is reversed on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff was jumping rope on a New York City sidewalk when he tripped on a crack in the pavement, thereby sustaining personal injuries. Notably, the plaintiff had noticed the crack before the accident.

The defendant established, prima facie, its entitlement to judgment...

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