Zuckerman v. City of New York

Murphy, P. J. (dissenting).

In considering the merits of this appeal, we have taken judicial notice of the entire county clerk’s file in this proceeding (Fisch, NY Evidence [2d ed], § 1065, p 602).

Plaintiff allegedly fell in the vicinity of 34th Street and Third Avenue while walking toward a bus on April 3, 1975. In her bills of particulars, she specifies that she tripped upon the curbstone in the area of the bus stop. The curbstone allegedly contained a depression approximately 10 feet in length, 6 inches in depth, and 6 inches in width. She sued the City, the owner of the abutting building…