Civello v. City of New York

Full title: LOUIS CIVELLO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al.…

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

Date published: Nov 9, 1998

255 A.D.2d 353 (N.Y. App. Div. 1998)

679 N.Y.S.2d 843

Opinion

November 9, 1998

Appeal from the Supreme Court, Kings County (Schneier, J.).

Ordered that the judgment is affirmed insofar as appealed from, with costs to the respondent.

The Supreme Court properly dismissed the complaint, since the most recent "Big Apple" map on file with the Department of Transportation of the respondent, City of New York, did not show a defect at the location where the plaintiff Louis Civello allegedly fell ( see, Katz v. City of New York, 87 N.Y.2d 241).

Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.