DIAZ v. CITY OF NEW YORK


56 A.D.3d 599 (2008)

DAVID DIAZ, Respondent, v. CITY OF NEW YORK, Appellant.

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

November 18, 2008.


Ordered that the amended judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.

The plaintiff commenced this action against the City of New York to recover damages for injuries he allegedly sustained on July 15, 1994, when he tripped and fell over a pothole abutting a manhole cover. At the close of the plaintiff's case, the defendant moved pursuant to CPLR...

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