FUNKELSTEIN v. CITY OF NEW YORK

154324/16. Appeal No. 12162. Case No. 2019-4819.

187 A.D.3d 602 (2020)

131 N.Y.S.3d 120

2020 NY Slip Op 06014

Bella Funkelstein, Appellant, v. City of New York, Respondent.

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

Decided October 22, 2020.


Plaintiff commenced this action for personal injuries she allegedly sustained when she tripped and fell on a metal cover owned by the City, which housed a pull box that was used to power pedestrian and vehicular traffic lights. Plaintiff concedes that the City did not have prior written notice of the alleged defect and does not argue that the City created the defect through an affirmative act of negligence. She argues, however, that since the City had a duty to repair the...

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