CARLEBACH v. CITY OF NEW YORK

8054. 153753/14.

168 A.D.3d 472 (2019)

91 N.Y.S.3d 84

2019 NY Slip Op 00202

Hadassa Carlebach, Appellant, v. City of New York, Respondent.

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

Decided January 10, 2019.


Plaintiff alleges that she tripped and fell when, while crossing the street at an intersection, she placed her cane into a small opening within a manhole cover. The City may be held liable for a discretionary traffic planning decision only where either (1) its study of a known hazard was plainly inadequate or (2) where there was no reasonable basis for its plan (see Affleck v Buckley, 96 N.Y.2d 553, 556 [2001]). Here, the City's...

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