ROJAS v. EMPIRE CITY SUBWAY COMPANY LTD.

9754, 150691/13.

173 A.D.3d 626 (2019)

103 N.Y.S.3d 86

2019 NY Slip Op 05204

Kenton Rojas, Appellant, v. Empire City Subway Company Ltd., Respondent, et al., Defendants.

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

Decided June 27, 2019.


Empire owns certain manholes in Manhattan, including one located immediately adjacent to where plaintiff allegedly tripped and fell on a hole in a curb. While the Highway Rules require owners of manholes to monitor and repair defective street conditions within an area extending twelve inches outward from the perimeter of the manhole (34 RCNY 2-07[b] [2]), curbs are not included in the area that a manhole owner is required to repair (see 34 RCNY 2-01). Accordingly,...

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