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WILLIAM IRBY, Appellant, v. CITY OF NEW YORK, Respondent.

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.

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IRBY v. CITY OF NEW YORK
(Jun 15, 1992)