Lippel v. City of New York

—Judgment, Supreme Court, New York County (Kibbie Payne, J.), entered February 15, 2000, upon a jury verdict in favor of defendant City of New York, unanimously reversed, on the law, without costs or disbursements, and the matter remanded for a new trial.

In this personal injury action against the City of New York arising out of an August 31, 1993 trip and fall in a crosswalk at 34th Street and Fifth Avenue, allegedly due to a depression in the roadbed, caused, according to plaintiff, by the City’s negligent repair of a pothole, the jury, finding that the City had indeed repaired the pothole…