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ABOTT v. CITY OF NEW YORK

11740, 103402/09

114 A.D.3d 515 (2014)

980 N.Y.S.2d 440

2014 NY Slip Op 1110

BETH ABOTT, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 18, 2014.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered January 8, 2013, dismissing the complaint, unanimously affirmed, without costs.

The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to find for plaintiff, who was injured after stepping into a pothole (see generally Szczerbiak v Pilat, 90 N.Y.2d 553

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