Cambio v. City of New York

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered July 19, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff, who is legally blind, alleged in his notice of claim that he fell at a street corner because of defects in the roadway that the City negligently failed to prevent from becoming a “traplike condition.” In his complaint, however, plaintiff alleged that the City negligently failed to maintain the…