Garcia v. City of New York

Judgment, Supreme Court, Bronx County (Jack Turret, J.), entered November 30, 1989, based upon a jury verdict of $20,000, with culpability apportioned 60% against plaintiff and 40% against defendant, unanimously affirmed, without costs.

Plaintiff was injured when he stepped into an empty sidewalk tree well. It was still daylight (7 o’clock on a July evening), and there is no indication that the hazard had been *176concealed in any way. Plaintiff admitted that his attention had been distracted at the time by an altercation taking place across the street. The jury had a right to consider all factors…