TORRES v. CITY OF NEW YORK

3496, 20085/07.

80 A.D.3d 500 (2011)

914 N.Y.S.2d 633

JOSEPH TORRES, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided January 20, 2011.


The Big Apple map depicting the intersection of Westchester Avenue and Simpson Street in the Bronx, where the accident allegedly occurred, raises a triable issue as to whether defendant City of New York had prior written notice of the cracked or broken curb on which plaintiff allegedly tripped and fell. Contrary to the argument in the City's briefs, plaintiff's deposition testimony that he fell as he was crossing Simpson Street was consistent with the allegations of his notice...

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