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REYES v. CITY OF NEW YORK

63 A.D.3d 615 (2009)

882 N.Y.S.2d 64

GLADYS REYES, Respondent, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2009.

Although "[t]he awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident" (Roldan v City of New York, 36 A.D.3d 484 [2007]), where there are factual issues as to the precise location of the defect that caused a plaintiff's fall and whether the defect is designated on the map, the question should be resolved by the jury (see Almadotter v City of New York...

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