Perez v. City of New York

On December 13, 1991, plaintiff tripped and fell on the stairway of a parking garage under Police Headquarters. A police officer, John Rizzo, was summoned and an aided report filled out, which stated that the accident occurred at "103 Park Row—Municipal Parking.”

In his timely notice of claim, plaintiff stated that the accident occurred at 2 Lafayette Street and that it was reported to Officer Rizzo. Photographs of the stairway in question were included. At his examination pursuant to General Municipal Law § 50-h on March 20, 1992, plaintiff testified that the accident occurred "in the parking…