ALLER v. CITY OF NEW YORK

2483, 108480/04

72 A.D.3d 563 (2010)

900 N.Y.S.2d 41

NELIDA ALLER, Appellant, v. CITY OF NEW YORK, Defendant, and MICHAEL S. APPELBAUM et al., Respondents.

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

Decided April 27, 2010.


The court erred in finding plaintiff's deposition testimony to have been unduly speculative with respect to the location and cause of her injury since she clearly testified that she fell due to "unlevel" ground in the middle of the sidewalk between two buildings. This was consistent with the photographic evidence showing an uneven sidewalk at the location of the accident (see Soto v Lime Tree Gourmet Deli, 18 A.D.3d 284 [2005...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases