Pasquale D'Onofrio and Ida Shaperonovitch sued the City of New York after they tripped and fell on a sidewalk grating.
While Pasquale filed his lawsuit with the New York County Supreme Court and Ida with the Kings County Supreme Court, both of their cases turned on whether the municipality had been given notice of a defect prior to the pedestrians' injuries.
While juries found notice had been given, a judge set aside the verdict in Pasquale's case, while another judge refused to disturb the outcome and entered a judgment in Ida's favor.
Appeals ensued. After the Appellate Division, First Department affirmed Pasquale's loss and the Appellate Division Second Department, concurred with Ida's win, their appeals were then heard by our state's highest court.
Since it didn't believe the City was given notice of the defects which triggered the plaintiffs' injuries, the New York State Court of Appeals thought both plaintiffs deserved to lose.
What caused that trip up?
To download a copy of the Court of Appeals's decision, please use this link: D'Onofrio v. City of New York and Shaperonovitch v. City of New York