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SATTAR v. CITY OF NEW YORK

2019-05857. Index No. 505143/16.

201 A.D.3d 756 (2022)

159 N.Y.S.3d 511

2022 NY Slip Op 00205

Abida Sattar, Appellant, v. City of New York, Respondent.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Burns & Harris, New York, NY (Jason Steinberg and Judith F. Stempler of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York, NY (Aaron M. Bloom and Zachary S. Shapiro of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action against the City of New York to recover damages for personal injuries she allegedly sustained when she fell after stepping into a pothole in the street. At trial, the City argued that the plaintiff's fall was caused by a slip on a wet roadway condition due to drizzling rain, rather than as a result of the pothole. A jury rendered a verdict in favor of the City on the issue of liability...

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