A state appeals court ordered a new trial Tuesday in the negligence case of a man injured in a sinkhole, ruling that the trial judge committed reversible error by precluding certain evidence and directing verdicts for the defendants.

An Appellate Division, First Department, panel found Bronx Supreme Court Justice Mary Ann Brigantti should not have stopped plaintiff Myles Gonzalez from introducing two-week-old accident-site photos and highway specifications related to where the sinkhole appeared on a Bronx street.

The panel also found Brigantti wrongly quashed two witness subpoenas and later she “erred in granting defendants' motions for a directed verdict, as there was evidence sufficient to support a reasonable jury's finding that the city and Halcyon were affirmatively negligent.”

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