Gallery v. City of New York

OPINION OF THE COURT

Richard F. Braun, J.

In this personal injury action, plaintiff sued defendant for negligence. Plaintiff tripped and fell on December 3, 1997 when crossing the easterly crosswalk at the intersection of Third Avenue and East 59th Street in Manhattan. Her accident was *556caused by a pothole located in that crosswalk. Due to the fall, she fractured her left proximal humerus. This action was tried before this court and a jury.

During the trial, plaintiff offered into evidence two different maps for the subject location, which were prepared by the Big Apple Pothole and Sidewalk…