SCHLEIF v. CITY OF NEW YORK


60 A.D.3d 926 (2009)

875 N.Y.S.2d 259

ALFRED SCHLEIF, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided March 24, 2009.


Ordered that the interlocutory judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law is granted, and the order is modified accordingly.

The plaintiff commenced this action against the City of New York to recover damages for injuries he allegedly sustained on October 1, 2004 when he fell after he stepped into a depression in the asphalt abutting a manhole cover and...

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