Lovato v. New York City Tr. Auth – Case Brief Summary (New York)

In Lovato v. New York City Tr. Auth., 50 AD3d 969, 855 N.Y.S.2d 685 [2nd Dept 2008], the Appellate Division, Second Department set aside a jury verdict in an action involving a plaintiff who fell on a raised and uneven street.

At trial, plaintiff submitted into evidence a photograph of the area in question.

The Appellate Division ruled that the photograph "does not show a foreseeable hazard for which liability can be imposed, and "even if it did show such a hazard, the bus driver could not have observed it from his vantage point."