RANDELL v. CITY OF NEW YORK


57 A.D.3d 231 (2008)

868 N.Y.S.2d 647

JOAN RANDELL et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

December 2, 2008.


The injured plaintiff allegedly tripped and fell in a depression next to a manhole cover as she was crossing a street in lower Manhattan. The road had been milled for paving the night before, and asphalt ramps had been placed around the manhole covers in order to smooth the transition. Shortly after the accident, the injured party's husband observed the gap to be four to five inches deep, eight inches wide, and 10 inches long. Plaintiffs' description of the time, place and...

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