Rivera v. City of New York

OPINION OF THE COURT

Fein, J.

On July 22,1978, plaintiff Guillermo Rivera, then age 34, fell in a hole in the sidewalk in The Bronx, striking his right knee on the pavement. On the following morning, his knee was Xrayed in the emergency room at Lincoln Medical Center. The hospital record indicates he was then limping on his right leg and the knee was tender and swollen. The knee was bandaged, and plaintiff was given medication, furnished with crutches and instructed to return one week later. He remained at home in bed until July 31,1978, when he returned to the clinic. Based on the X rays, a…