OBOLER v. CITY OF NEW YORK


8 N.Y.3d 888 (2007)

864 N.E.2d 1270

832 N.Y.S.2d 871

ALAN D. OBOLER et al., Appellants, v. CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided March 22, 2007.


Attorney(s) appearing for the Case

Reingold & Tucker, Brooklyn (Abraham Reingold of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Susan Paulson and Francis F. Caputo of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Alan Oboler claims that he injured his shoulder on May 7, 2000 when he stepped on a depressed manhole cover situated in the roadway of Madison Avenue in Manhattan between 92nd and 93rd Streets and his foot struck a "ridge of asphalt" encircling the cover, causing him to trip and fall. He and his...

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