HAMER v. CITY OF NEW YORK

9359, 110618/07.

106 A.D.3d 504 (2013)

965 N.Y.S.2d 99

2013 NY Slip Op 3431

LUISA HAMER, Appellant-Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY DEPARTMENT OF EDUCATION, Also Known as NEW YORK CITY BOARD OF EDUCATION, Respondent-Appellant.

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

Decided May 14, 2013.


On January 30, 2007, plaintiff, then 60 years old, broke her left femur when she tripped and fell on a raised piece of concrete on the sidewalk abutting premises occupied by Public School 128. In the months prior to the accident a custodian at the school, whose duties included inspecting the sidewalk for defects and tripping hazards, had twice submitted work requests to the DOE's Division of School Facilities with respect to that portion of the sidewalk, which he considered...

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