As Marilu Wallace was walking with her kids on a Brooklyn sidewalk, she sidestepped a ladder obstructing her path and tripped over a "patched" area which had a gap.
When she later filed suit, a Kings County Supreme Court jury found in the City's favor, and dismissed Marilu's personal injury case.
But based on its review of the record, the Appellate Division, Second Department, found the jury's determination "irreconcilably inconsistent" with the evidence presented at trial and reversed. (Apparently, the City had been on notice of the condition's existence and failed to effect a repair.)
There are just too many gaps there.
To view a copy of the Appellate Division's decision, please use this link: Wallace v. City of New York