Arthur v. New York City Housing Authority

Plaintiff claimed she was injured when she stumbled in a hole on a six-feet-wide walk adjacent to a garden which was separated from the walk by a concrete divider. In her bill of particulars, plaintiff claimed that defendant was negligent in permitting part of the walk to become broken, defective and in a dangerous condition by virture of a large hole thereon which constituted a toe trap and a nuisance. The evidence established there was no hole in the walk but only a broken portion of the concrete divider. Plaintiff failed to show actionable negligence on the part of defendant in maintaining…