Ali v. City of New York

*392In view of plaintiffs testimony that he tripped over a gap in the grate frame itself, and the absence of any evidence that plaintiff tripped over any defect extending beyond the grate itself, the trial court correctly charged the jury that Rules of City of New York Department of Transportation (34 RCNY) § 2-07 (b) (2), which requires grate owners to maintain a 12-inch area extending outward beyond the perimeter of the grate, was irrelevant (see Green v Downs, 27 NY2d 205, 208 [1970]; For-man v McFadden, 44 AD3d 523, 523-524 [2007]; cf. Montanez v Manhattan & Bronx Surface Tr. Operating Auth.,…