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KUHLAND v. CITY OF NEW YORK

2009-08580.

81 A.D.3d 786 (2011)

916 N.Y.S.2d 637

KARIN KUHLAND, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided February 15, 2011.

Ordered that the interlocutory judgment is affirmed, with costs.

"It has long been held that a municipality owe[s] to the public the absolute duty of keeping its streets in a reasonably safe condition. While this duty is nondelegable, it is measured by the courts with consideration given to the proper limits on intrusion into the municipality's planning and decision-making functions" (Friedman v State of New York, 67 N.Y.2d 271

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