Torres v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danzinger, J.), entered on or about June 19, 2014, which, inter alia, denied defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

The notice of claim at issue specified that plaintiff was injured when she tripped and fell “on the median” at the southwest corner of Lincoln Avenue and East 138th Street, due to a defect, hole, crack, or breaks “in the street.” At her General Municipal Law § 50-h hearing, plaintiff testified that she tripped at the place where the sidewalk meets the street, and when shown photographs of…