Karten v. City of New York

OPINION OF THE COURT

Fein, J.

On September 16, 1977, plaintiff Beverly Karten (Beverly), then 45 years of age, was crossing East 52nd Street in the crosswalk on the westerly side of Lexington Avenue in Manhattan when she fell and sustained a comminuted fracture of her right elbow by reason of an allegedly dangerous and defective condition in the roadway pavement. There was no direct evidence of actual notice of the condition nor as to how long the condition of the pavement had existed before the accident occurred. However, there were received in evidence, on behalf of the plaintiffs,…