Cottone v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Golden, J.), entered September 17, 1992, which, upon the granting of the defendant’s motion to dismiss the complaint at the close of the plaintiff’s case for *346failure to establish a prima facie case, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff, who was a police officer at the time of the accident, was injured when he tripped and fell on a defective sidewalk as he was in pursuit of a youth who had just thrown stones at and…