In view of plaintiff's testimony that he tripped over a gap in the grate frame itself, and the absence of any evidence that plaintiff tripped over any defect extending beyond the grate itself, the trial court correctly charged the jury that Rules of City of New York Department of Transportation (34 RCNY) § 2-07 (b) (2), which requires grate owners to maintain a 12-inch area extending outward beyond the perimeter of the grate, was irrelevant (see Green v Downs,
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ALI v. CITY OF NEW YORK
57 A.D.3d 391 (2008)
870 N.Y.S.2d 263
KHANDAKER M. ALI et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and TRUMP INTERNATIONAL HOTEL AND TOWER CONDOMINIUM et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
December 23, 2008.
December 23, 2008.
Appellate Division of the Supreme Court of New York, First Department.
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