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Aponte v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2001
282 A.D.2d 372 (N.Y. App. Div. 2001)

Opinion

April 24, 2001.

Judgment, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about December 29, 1999, which, after a jury trial, awarded plaintiff, in this action to recover for personal injuries sustained as a result of a trip and fall at a bus stop, damages in the principal amount of $175,000 against defendant City of New York, unanimously affirmed, without costs.

Alexander J. Wulwick, for Plaintiff-Respondent.

Elizabeth I. Freedman, for Defendants-Appellants.

Before: Williams, J.P., Tom, Mazzarelli, Lerner, Rubin, JJ.


The jury's verdict was sufficiently supported by evidence establishing that defendant City, through its contractor, created the bump in the road that caused plaintiff to fall and sustain injury. In reaching its verdict, the jury was entitled to credit and rely upon plaintiff's testimony, physical evidence consisting of photographs and work permits, and the testimony of plaintiff's liability expert (see, Gayle v. City of New York, 92 N.Y.2d 936, 937).

The trial court properly exercised its discretion in allowing plaintiff's liability expert to testify. Even if plaintiff's CPLR 3101(d) response was deficient, plaintiff's notice of claim, her complaint and her bill of particulars combined to afford sufficient notice of the subject matter and substance of the expert's testimony (see, Misel v. N.F.C. Cab Corp., 240 A.D.2d 294, 295).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Aponte v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2001
282 A.D.2d 372 (N.Y. App. Div. 2001)
Case details for

Aponte v. City of New York

Case Details

Full title:LUCIA APONTE, PLAINTIFF-RESPONDENT v. THE CITY OF NEW YORK, ET AL.…

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

Date published: Apr 24, 2001

Citations

282 A.D.2d 372 (N.Y. App. Div. 2001)
723 N.Y.S.2d 648

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