Latimer v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J), entered June 7, 2013, which denied defendant’s motion for *421summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff was having a football catch with a friend on the handball courts at the Jerome Playground South. While running, he tripped over the raised, cracked, and uneven edge of the concrete sidewalk adjacent to the paved court. There was also a gap of approximately one inch between the two slabs.

The doctrine of…