Ryan v. City of New York

— Order and judgment of the Supreme Court, Bronx County (Alan J. Saks, J.), entered on December 28, 1989 and January 10, 1990, respectively, which, inter alia, denied a motion by the City of New York for full indemnification, set aside a jury verdict in favor of plaintiff, and ordered a new trial limited to the issue of comparative fault, unanimously modified, on the law, to the extent of granting the motion for contractual indemnification, and otherwise affirmed, without costs.

Plaintiff-respondent Mary Ann Ryan allegedly fell as she stepped off the curb of a City street into a pothole. She…