Court of Appeals of New York

In a trip and fall case allegedly caused by a depressed manhole cover, dismissal of complaint at close of plaintiffs' case at trial is affirmed where: 1) there was no evidence defendant city repaved the street to cause the depression; 2) there was no proof of any special benefit conferred on defendant; and 3) preclusion of plaintiffs' expert's testimony did not affect the outcome of the case.

Appellate Information

• Decided 03/22/2007
• Published 03/22/2007

Judges

Court

• Court of Appeals of New York

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