Torres v City of New York

Torres v City of New York 2011 NY Slip Op 00266 Decided on January 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 20, 2011
Tom, J.P., Friedman, Catterson, Renwick, Manzanet-Daniels, JJ.
3496 20085/07

[*1]Joseph Torres, Plaintiff-Respondent,

v

The City of New York, New York, Defendant-Appellant, Netta Realty Corp., Defendant.




Michael A. Cardozo, Corporation Counsel, New York (Susan
Paulson of counsel), for appellant.
David P. Kownacki, P.C., New York (Andrew D. Leftt of
counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about June 12, 2009, which, insofar as appealed from as limited by the briefs, denied defendant City's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The Big Apple map depicting the intersection of Westchester Avenue and Simpson Street in the Bronx, where the accident allegedly occurred, raises a triable issue as to whether defendant City of New York had prior written notice of the cracked or broken curb on which plaintiff allegedly tripped and fell. Contrary to the argument in the City's briefs, plaintiff's deposition testimony that he fell as he was crossing Simpson Street was consistent with the allegations of his notice of claim, verified complaint and verified bill of particulars.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 20, 2011

CLERK