Irby v. City of New York

Full title: WILLIAM IRBY, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Jun 15, 1992

184 A.D.2d 622 (N.Y. App. Div. 1992)

584 N.Y.S.2d 906

Opinion

June 15, 1992

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

Ordered that the order is affirmed, with costs.

The 70-year-old plaintiff suffered a fractured ankle when he tripped and fell on a broken sidewalk. We agree with the Supreme Court that the jury verdict was excessive to the extent indicated (see, Perrone v. City of New York, 140 A.D.2d 594; see also, Graham v. Murphy, 135 A.D.2d 326). Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.