Tineo v. Parkchester S. Condo

In Tineo v. Parkchester S. Condo., 304 AD2d 383 (1st Dept. 2003) the plaintiff tripped over a broken and uneven section of asphalt pavement, causing her to fall. The defect was four square feet in area, three quarters of an inch deep, and sunk abruptly at its perimeter. Photographs of the accident site were taken, and an expert witness characterized the site as a tripping hazard. The court therefore denied summary judgment.