LUISA HAMER, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def, THE NEW YORK CITY DEPARTMENT OF EDUCATION, ETC., Defendant-res-res

9359. LUISA HAMER, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def, THE NEW YORK CITY DEPARTMENT OF EDUCATION, ETC., Defendant-res-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant-res — Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for res-res — Judgment, Supreme Court, New York County (Lottie E. Wilkins, J.), entered March 5, 2012, after a jury trial, awarding plaintiff damages for pain and suffering, upon a verdict apportioning liability 75 percent to plaintiff and 25 percent to defendant Department of Education (DOE), unanimously reversed, on the law, and the matter remanded for a new trial on both liability and damages, without costs.

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9359. LUISA HAMER, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def, THE NEW YORK CITY DEPARTMENT OF EDUCATION, ETC., Defendant-res-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant-res — Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for res-res — Judgment, Supreme Court, New York County (Lottie E. Wilkins, J.), entered March 5, 2012, after a jury trial, awarding plaintiff damages for pain and suffering, upon a verdict apportioning liability 75 percent to plaintiff and 25 percent to defendant Department of Education (DOE), unanimously reversed, on the law, and the matter remanded for a new trial on both liability and damages, without costs.

On January 30, 2007, plaintiff, then 60 years old, broke her left femur when she tripped and fell on a raised piece of concrete on the sidewalk abutting premises occupied by Public School 128. In the months prior to the accident a custodian at the school, whose duties included inspecting the sidewalk for defects and tripping hazards, had twice submitted work requests to the DOE’s Division of School Facilities with respect to that portion of the sidewalk, which he considered such a hazard.

LUISA HAMER, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def, THE NEW YORK CITY DEPARTMENT OF EDUCATION, ETC., Defendant-res-res

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