JIMENEZ v. CITY OF NEW YORK

6013 104105/06.

159 A.D.3d 518 (2018)

69 N.Y.S.3d 801

2018 NY Slip Op 01659

LEIDA JIMENEZ, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided March 15, 2018.


Plaintiff established prima facie that the City received prior written notice of the defective tree well that she tripped over by submitting a Big Apple map containing a notation of a defect in the area where she fell (see Katz v City of New York, 87 N.Y.2d 241 [1995]). According to the key to the Big Apple map symbols submitted into evidence, the symbol "V" at issue here denotes "tree wells without a `fence' or in place barrier...

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