TORRES v. CITY OF NEW YORK

14356, 21807/12.

125 A.D.3d 573 (2015)

1 N.Y.S.3d 816

MILAGRO TORRES et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided February 26, 2015.


The notice of claim at issue specified that plaintiff was injured when she tripped and fell "on the median" at the southwest corner of Lincoln Avenue and East 138th Street, due to a defect, hole, crack, or breaks "in the street." At her General Municipal Law § 50-h hearing, plaintiff testified that she tripped at the place where the sidewalk meets the street, and when shown photographs of the street corner, circled the intersection of the sidewalk curb and the roadway...

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