AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

RAWLE WEEKES, Appellant, v. CITY OF NEW YORK, Respondent.

Plaintiff's claim that it was error to submit to the jury the issue of whether the City had notice of the sidewalk defect that allegedly caused him to fall was not preserved by objection (CPLR 4110-b; see, Carrasquillo v. American Type Founders Co., 183 A.D.2d 410, lv denied 81 N.Y.2d 703), and we decline to review the claim. In any event, it is without merit in view of the variance between plaintiff's testimony concerning the nature of the defect and the markings on the Big Apple map that plaintiff claims gave the City notice as a matter of law. Nor is the finding that the map did not give the City notice of the alleged defect against the weight of the evidence.

Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

WEEKES v. CITY OF NEW YORK
(May 5, 1998)