FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`LYDIA ALVAREZ,
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` Plaintiff,
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`THE CITY OF NEW YORK,
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` Defendant.
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` SUMMONS
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` Index No.
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` Venue Pursuant to CPLR Sec. 504 (3)
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`TO: The Defendant:
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`You are hereby summoned to answer the complaint in this action, and to serve a copy of
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`your answer or, if the complaint is not served with this summons, to serve a notice of appearance
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`on the Plaintiff’s attorneys within twenty (20) days after the service of this summons exclusive
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`of the day of service where service is made by delivery upon you personally within the state, or
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`within thirty (30) days after completion of service where service is made in any other manner. In
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`case of your failure to appear or answer, judgment will be taken against you by default for the
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`relief demanded in the complaint.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`Dated: New York, New York
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`April 24, 2021
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`Defendants’ Addresses:
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`THE CITY OF NEW YORK,
`100 Church Street
`New York, New York 10007
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`Yours, etc.
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`LAW OFFICES OF ANDREW J. CARBOY LLC
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`By:____________________
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`ANDREW J. CARBOY
`Attorneys for Plaintiff
`One Liberty Plaza
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`23rd floor
`New York, New York 10006
`(212) 520-7565
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`LYDIA ALVAREZ,
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` Plaintiff,
` -against-
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`THE CITY OF NEW YORK,
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` Defendant.
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` VERIFIED COMPLAINT
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` Index No.
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`Plaintiff, LYDIA ALVAREZ (“Ms. Alvarez” or “Plaintiff”), by her attorneys, LAW
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`OFFICES OF ANDREW J. CARBOY LLC, as and for her Verified Complaint, at all times
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`hereinafter mentioned, and upon information and belief, alleges as follows
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`Introduction
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`1. This is Plaintiff’s verified complaint against defendant THE CITY OF NEW
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`YORK (“CITY”) (“defendant”).
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`2. Plaintiff brings this action for damages for: A) severe and permanent personal
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`injuries including, but not limited to: injuries to her left arm, including fractures of the radius,
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`ulna and olecranon, among other fractures, and fractures to her other extremities; open reduction
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`and internal fixation under general anesthesia; need for rehabilitation, occupational and physical
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`therapy; pain and suffering; other injuries; loss of enjoyment of life; loss of range of motion and
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`sensation; confinement; and permanent disability; and B) resulting economic loss, including out
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`of pocket medical and associated costs, as well as the obligation to repay a substantial healthcare
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`lien, all sustained in consequence of the affirmative negligence and negligence of defendant
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`CITY in its ownership, design, lease, inspection, management, construction, installation,
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`maintenance, repair and operation, of a public sidewalk, tree well and walking surfaces located
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`on 36th Street, Brooklyn, New York.
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`3. Upon information and belief, the incident occurred in or at a tree well located along
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`the sidewalk of 36th Street, Brooklyn, New York in front of the property known as 454 36th
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`Street, a location between 4th and 5th Avenues
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`4. Plaintiff is a resident of Brooklyn, New York.
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`5. This claim concerns the ownership, design, lease, inspection, management,
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`construction, installation, maintenance, repair and operation of a tree well and walking surfaces
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`located on 36th Street, Brooklyn, New York, located adjacent to the sidewalk at the address, set
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`forth above.
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`6. Administrative Code of the City of New York § 7–210(a) places the duty to maintain a
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`sidewalk in a reasonably safe condition on the owner of the property abutting the sidewalk, and
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`provides for civil liability for injuries proximately caused by the failure to so maintain the sidewalk.
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`However, the statute does not extend that duty of maintenance to City-owned tree wells or provide
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`for civil liability for injuries occurring in City-owned tree wells. The subject tree well is owned by
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`defendant CITY and defendant CITY is responsible for Ms. Alvarez’ injuries resulting from the
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`dangerous and defective condition of the subject tree well.
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`7. Defendant CITY was also affirmatively negligent in bringing about the defect, as set
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`forth below.
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`8. As more fully detailed below, on February 4, 2020, at approximately 1:00 p.m.,
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`while lawfully present on a public sidewalk on 36th Street, between 4th and 5th Avenues,
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`Brooklyn, New York, and through no fault of her own, Ms. Alvarez was caused to fall and
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`sustain serious and permanent personal injuries as a result of the affirmative negligence and
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`negligence of defendant CITY, its agents, servants, and/or employees.
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`9.
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` On February 4, 2020, at approximately 1:00 p.m., Ms. Alvarez was lawfully
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`walking on the aforementioned sidewalk. At the location described and set forth above, and
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`depicted in the photograph, below, she tripped because of a tree well, rectangular in shape, that is
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`not flush or level with the adjacent sidewalk.
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`10. The dirt or soil surrounding the tree in the tree well is below the level of the
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`adjacent sidewalk. This is hazardous.
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`11.
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` The tree well has no fence, barricade, in place barrier or other barrier to prevent
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`inadvertent walking at that location. These conditions, too, are hazardous
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`12.
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` Further, the tree well lacks stonework, grating or other features to make it flush or
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`level with the adjacent sidewalk. The defective aspect of the tree well is an at least two-inch
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`vertical “edge”, presenting a tripping or stumbling hazard to pedestrians walking by it.
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`13. The hazardous aspects of the tree well, described above, are further disguised or
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`hidden by accumulations of loose leaves, litter or even heavy rainfall or drainage.
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`14. The defect is not readily apparent. Unless one is looking down at her feet, while
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`walking a pedestrian could not appreciate, in advance of approaching the tree well, that it
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`presented a height differential along its borders.
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`15. No reasonable pedestrian expects such a “step down” (and a manmade one at that)
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`just along the edge of the walking surface of the sidewalk, well away from the curb of the
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`roadway.
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`16. There were no warnings or markings to alert Ms. Alvarez of the defect.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`17. The defective and dangerous condition of the tree well, resulting from the
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`negligence of defendant CITY, caused Ms. Alvarez to fall very hard and sustain fractures and
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`other permanent injuries.
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`18.
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` The tree well presented a hazard to pedestrians, caused the Plaintiff to fall, and its
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`creation and condition, at the time of the incident and well before, were negligent.
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`19. The subject fall took place on what defendant CITY knew and should have known
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`was a walking surface.
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`20. Walking surfaces at the subject location were hazardous and caused Ms. Alvarez to
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`fall.
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`21. The defect impeded her safe passage across a walking surface. Plaintiff, like other
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`pedestrians, had no reason to suspect or expect that such a tripping hazard would exist in her
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`pathway.
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`22. At the subject location, defendant was affirmatively negligent in bringing about the
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`defect (tripping hazard).
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`23. Defendant was further negligent in failing to address and/or correct the defect,
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`including leveling the surface of the tree well, through a variety of means so that it became flush
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`or even with adjacent sidewalk flags and surfaces.
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`24. Defendant was also negligent in failing to warn of the existence of the defect.
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`25.
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` The existence of the defect was a longstanding condition.
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`26. Defendant CITY knew or should have known of the existence of the defect.
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`27.
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` Defendant CITY knew, by virtue of its creation of the defect, of its existence.
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`28.
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` Defendant CITY remains responsible for the injuries sustained by Plaintiff as it
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`had actual written notice of the hazardous condition detailed herein in the form of previous
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`INDEX NO. 509630/2021
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`claims or a claim and/or written complaints or inspection or repair records and/or written
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`acknowledgement of the hazard, and failed to make repairs within fifteen (15) days of such
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`notice. (New York City Code Sec. 7-201).
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`29. Defendant CITY received formal written notice of the sunken, hazardous and/or
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`defective tree well, described above, nearly seventeen (17) years before Ms. Alvarez’ fall.
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`30. On the 14th day of November 2003 (November 14, 2003), a map and legend, copies
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`of which are annexed hereto as Plaintiff’s Exhibit 1 were filed with the New York City
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`Department of Transportation at Volume 6A, page 22 for the County of Kings. (Exhibit 1) This
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`filing provided actual written notice of the hazardous condition at the location of Ms. Alvarez’
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`fall.
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`31. Plaintiff does not contend or concede that prior written notice of hazardous
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`conditions concerning tree wells are required.
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`32. On February 4, 2020 the subject location was a public thoroughfare.
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`33. On February 4, 2020 the subject location was a public sidewalk.
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`34. On February 4, 2020 the subject tree remained the obligation of defendant CITY to
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`install, maintain, inspect and repair.
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`35. Administrative Code of the City of New York § 7–210, which became effective
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`September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the
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`City to the abutting property owner (see Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 521,
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`860 N.Y.S.2d 429, 890 N.E.2d 191). However, a tree well does not fall within the applicable
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`Administrative Code definition of “sidewalk,” and thus, “section 7–210 does not impose civil
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`liability on property owners for injuries that occur in city-owned tree wells” Iskhakbayev v Casol
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`RECEIVED NYSCEF: 04/24/2021
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`Realty, LLC, 183 AD3d 706, 707 [2d Dept 2020] The civil liability remains that of defendant
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`CITY.
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`36. A photograph of the subject location, including the location of the Plaintiff’s fall
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`and tree well, with defect, appears below:
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`37. The defect is approximately several inches in depth when compared to adjacent
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`sidewalk walking surfaces.
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`FIRST CAUSE OF ACTION
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`38. At all relevant times, Ms. Alvarez was, and continues to be, a resident of Brooklyn,
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`New York.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
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`RECEIVED NYSCEF: 04/24/2021
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`39. At all relevant times, defendant CITY was and still is a municipal corporation, duly
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`organized and existing under and by virtue of the laws of the State of New York.
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`40. Prior to the commencement of this action, and on December 16, 2020 the Plaintiff
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`filed with the CITY a written, verified Notice of Claim setting forth the time when and the
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`location where the accident, which is the subject of this lawsuit, occurred, including the nature
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`and extent of the injuries and damages sustained, and the amount claimed.
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`41. Such claim was presented within ninety (90) days from the date of the occurrence as
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`follows. This Notice of Claim was filed within ninety (90) days of the subject incident (February
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`4, 2020) as a result of Governor Cuomo’s Executive Order 202.8, which tolled statutes of
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`limitation and time limits for conditions precedent as of March 20, 2020 and forward, and
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`subsequent Executive Orders, including Order 202.67, which further extended the tolls up to and
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`including November 3, 2020.
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`42. On or about March 1, 2021, defendant CITY conducted a statutory hearing pursuant
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`to General Municipal Law Section 50-h.
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`43. More than thirty (30) days have elapsed since the presentation of said claim, and the
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`defendant, CITY, has not adjusted the same and has failed and neglected to make any payment of
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`such claim and cause of action.
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`44. This action is being commenced within one year and ninety days from the date of
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`the occurrence.
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`45. Defendant CITY remains responsible for the injuries sustained by Plaintiff as it had
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`actual written notice of the hazardous condition detailed herein in the form of previous claims or
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`a claim and/or written complaints or
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`inspection or
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`repair
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`records and/or written
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`RECEIVED NYSCEF: 04/24/2021
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`acknowledgement of the hazard, and failed to make repairs within fifteen (15) days of such
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`notice. (New York City Code Sec. 7-201).
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`46. Defendant CITY is also responsible for the injuries sustained by Plaintiff as it was
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`affirmatively negligent in bringing about the hazard that caused her to trip and fall.
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`47. Upon information and believe, the defendant CITY negligently created the hazard at
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`issue, and/or had prior notice, in writing, of the defective condition. Plaintiff further alleges that
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`CITY was negligent, careless and reckless in its ownership, operation, maintenance, repair and
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`control of the aforesaid tree well in violation of the New York City Administrative Code §19-
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`152 and §7-210 and the New York City Charter §2904. Because the defect at issue is not
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`technically part of any sidewalk and was brought about by affirmative negligence and the other
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`reasons set forth above, defendant CITY is absolutely liable for the existence of this hazardous
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`condition irrespective of its receipt of prior written notice or the involvement of its contractors.
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`48. At all relevant times, defendant CITY, through its agents, servants, contractors
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`and/or employees was careless, reckless and negligent in its supervision, management, control,
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`construction, excavation and repair of the tree well and walking path in the subject location.
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`49. On February 4, 2020, defendant CITY owned the aforedescribed location, including
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`the tree well.
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`50. On February 4, 2020, defendant CITY operated the aforedescribed location,
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`including the tree well.
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`51. On February 4, 2020, defendant CITY controlled the aforedescribed location,
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`including the tree well.
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`52. On February 4, 2020, defendant CITY maintained the aforedescribed location,
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`including the tree well.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`53. On February 4, 2020, defendant CITY managed the aforedescribed location,
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`including the tree well.
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`54. Prior to February 4, 2020, defendant CITY repaired the aforedescribed location,
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`including the tree well.
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`55. On February 4, 2020, defendant CITY controlled the aforedescribed location,
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`including the tree well.
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`56. On February 4, 2020, and prior thereto, the defendant, CITY, carelessly,
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`negligently, and recklessly permitted the aforedescribed location to become and remain in a
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`defective, dangerous, and hazardous condition.
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`57. On February 4, 2020, and prior thereto, defendant CITY caused and created the
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`aforesaid location to become and remain in a defective, hazardous, and dangerous condition.
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`58. On February 4, 2020, and prior thereto, defendant CITY inspected the aforesaid
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`location.
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`59. This claim arises from the carelessness, recklessness, affirmative negligence and
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`negligence of defendant CITY in its supervision, management, maintenance, control,
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`construction and repair of the subject location.
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`60. Because of the negligence, affirmative negligence, conduct, acts and omissions of
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`the defendant, the walking surfaces and/or locations reasonably anticipated to be used by
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`pedestrians became unsafe. Plaintiff, a pedestrian, was caused to trip and fall on a walking
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`surface because of a hazard generated and/or produced by and/or associated with the actions and
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`inactions of defendant CITY.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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`61.
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` As a reasonable pedestrian, Ms. Alvarez had every expectation that the tree well
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`was a safe walking surface, and that walking surfaces on the sidewalk and adjacent to it, save for
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`the transition from curb to roadway, were flat, level, safe and traversable.
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`62. Upon information and believe, the defendant CITY negligently created the hazard at
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`issue, and/or had prior notice, in writing, of the defective condition. The trap-like condition
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`could only have resulted from improperly performed tree well maintenance, failure to maintain
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`or install grating/stonework and/or soil to bring the tree well level with the adjacent sidewalk,
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`and failure to coordinate and/or be aware of sidewalk repairs that impacted upon the safety of the
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`tree well. Defendant CITY was also negligent in failing to fence and/or barricade the tree well.
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`63. Defendant CITY had actual written notice of the hazardous condition detailed
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`herein in the form of previous claims or a claim and/or written complaints or inspection or repair
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`records and/or written acknowledgement of the hazard, and failed to make repairs within fifteen
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`(15) days of such notice. (New York City Code Sec. 7-201).
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`64. Defendant CITY is also responsible for the injuries sustained by Ms. Alvarez as it
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`was affirmatively negligent in bringing about the hazard that caused her to trip and fall.
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`65. The incident, described above, occurred as a result of the negligence and
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`carelessness of defendant CITY in the construction, modification, alteration, inspection,
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`maintenance, operation, management and repair of the subject tree well in that defendant CITY:
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`failed to provide Ms. Alvarez with a reasonably safe walking surface; failed to maintain and
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`operate an appropriate and safe tree well; failed to design and construct the tree well in a reliable
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`and safe manner; failed to warn Ms. Alvarez, and others like her, of defects known to it and/or
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`created by it; failed to repair, correct and/or ameliorate the deteriorated and/or dangerous
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`conditions existing at the time of the subject incident and well before; engaged in affirmative
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`negligence and creating a hazard, such as improperly filling the tree well, and failing to provide
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`it with fencing, barricades, stonework, grating, sufficient soil and other features to make it flush
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`and/or level with adjacent walking surfaces so as to not present a tripping hazard; failed to repair,
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`correct and/or ameliorate the deteriorated conditions existing at the time of the subject incident
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`and well before after receiving actual and written notice of the defect; in ignoring written notice
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`of the defect; in failing to communicate with other branches of government and authorities
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`concerning known conditions of the location; in failing to warn pedestrians of the dangers of the
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`condition through means such as cones and saw horses or a traffic cone placed above and/or
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`around the defect; allowed, permitted and/or created a hazardous and trap-like condition to exist
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`at the subject location; allowed, permitted and/or created a hazardous location to exist adjacent to
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`walking surfaces, endangering pedestrians; failed to maintain and repair its tree well so that there
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`were not sudden, abrupt and hazardous changes in height differential(s); failed to provide
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`pedestrians with a safe way to walk along 36th Street at the subject location; provided
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`pedestrians with an unreasonably hazardous means of traveling upon 36th Street at the subject
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`location; failed to inspect the subject location; failed to barricade the subject location; failed to
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`warn pedestrians, including Ms. Alvarez, of the hazard; failed to heed inspection reports
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`describing defects at the subject location; failed to maintain the subject location in a reasonable
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`and accepted manner; failed to employ and deploy an adequate number of trained personnel to
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`inspect and repair the tree well; failed to prevent injury to the Ms. Alvarez; and failed to design
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`and construct the subject tree well in a reliable and safe manner.
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`66. These acts and omissions of negligence and recklessness brought about the claimed
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`injuries and damages.
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`67. These acts and omissions of negligence and recklessness brought about the claimed
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`injuries and damages.
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`68. The acts and omissions describe above constitute negligence on the part of
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`defendants and caused Plaintiff to fall and sustain serious and permanent injuries.
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`69. Had defendants not been negligent as described above, Plaintiff would not have
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`fallen and sustained serious and permanent injuries.
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`70. Plaintiff fell and sustained injuries through no fault of her own.
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`71. As a result of the aforementioned occurrence, Plaintiff sustained injuries.
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`72. As a result of the aforementioned occurrence, Plaintiff became seriously injured.
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`73. The aforementioned occurred as a result of the negligence, affirmative negligence,
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`carelessness and recklessness of all of the named defendants, their agents, servants, contractors
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`and/or employees in the ownership, maintenance, and repair of the aforementioned location.
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`74. As a result of the aforementioned occurrence, Plaintiff: sustained serious permanent
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`personal injuries with resulting and ongoing conscious pain and suffering; became sick, sore,
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`lame and disabled, and sustained injuries of a permanent and lasting nature; was and continues to
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`be obliged to incur and expend large sums of money for medical care and attention in an
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`endeavor to cure herself from the injuries she sustained; and was and continues to be
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`incapacitated from attending to her usual activities, all with loss of income and out of pocket
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`expenses.
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
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`75. By reason of the foregoing, Plaintiff has been damaged in an amount in excess of
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`the jurisdictional limits of all lower courts in which this action may otherwise have been brought.
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`WHEREFORE, Plaintiff demands judgment against the defendants in sums that exceed
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`the jurisdictional limits of all lower courts and which will be determined by a jury at the time of
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`trial, together with the costs and disbursements of this action.
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`Dated: New York, New York
`April 24, 2021
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`Yours, etc.
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`LAW OFFICES OF ANDREW J. CARBOY LLC
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`By:____________________
`ANDREW J. CARBOY
`Attorneys for Plaintiff
`One Liberty Plaza
`23rd floor
`New York, New York 10006
`(212) 520-7565
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 509630/2021
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`RECEIVED NYSCEF: 04/24/2021
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` VERIFICATION
`
`ANDREW J. CARBOY, an attorney duly admitted to practice law before the Courts of
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`the State of New York affirms the following under the penalty of perjury:
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`I am the principal of the LAW OFFICES OF ANDREW J. CARBOY LLC, attorneys for
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`the Plaintiff herein.
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`I have read the foregoing COMPLAINT and know the contents thereof, and upon
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`information and belief, deponent believes the matters alleged therein to be true.
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`The reason this verification is made by affirmant and not by Plaintiff is that the Plaintiff
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`is in a County other than the one in which Plaintiff’s attorneys maintain their office.
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`The source of affirmant’s information and the grounds of his belief are communications,
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`papers, reports, and investigations contained in the file.
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`New York, New York
`April 24, 2021
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`____________________________
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`ANDREW J. CARBOY
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`14
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`16 of 23
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`

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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`FILED: KINGS COUNTY CLERK 04m2021 04:29 P I
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 509630/2021
`INDEX NO- 509630/2021
`RECEIVED NYSCEF: 04/24/2021
`RECEIVED NYSCEF: 04/24/2021
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`17 of 23
`17 of 23
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`

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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 509630/2021
`
`RECEIVED NYSCEF: 04/24/2021
`
`BIG
`
`APPLE
`
`P OTHOLE
`& SIDEWALK
`PROTECTION
`COMMITTEl
`132 NASSAU
`STREET. NEW YORK. NEW YORK 10038-2486 - (212) 349-f 896 - FAX (212) 571-5304
`
`ASSISTANT D1RECTOR
`Andree Kinloch
`
`Weinshall
`
`Department
`
`of
`
`Transportation
`
`Iris
`Commissioner
`of New York
`City
`40 Woith
`New York,
`
`Street
`NY 10012
`
`Dear
`
`Commissioner
`
`Weinshall:
`
`Pursuant
`
`to
`
`the
`
`General
`
`Municipal
`
`of Chapter
`
`2 of
`
`the
`
`Administrative
`
`Law
`
`Code
`
`Section
`
`of
`
`the
`
`notify
`section
`
`you
`
`of
`
`the
`
`defect(s)
`
`represented
`
`on
`
`the
`
`of:
`
`Brooklyn
`
`50-g
`
`City
`enclosed
`
`and
`Section
`of New York,
`maps
`
`(2003)
`
`7-201
`we
`
`hereby
`
`of
`
`a
`
`VOLUME:
`
`6A
`
`PAGES:
`
`1-64
`
`a
`
`Sincerely
`
`A11drea
`
`Kinloch
`
`Assistant
`
`Director
`
`DEPARTMENT
`DATE
`STAMP
`
`OF TRANSPORTATION
`
`.
`
`18 of 23
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`

`

`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 509630/2021
`
`RECEIVED NYSCEF: 04/24/2021
`
`KEY TO MAP SYMBOLS
`& SIDEWALK
`PROTECTION
`POTHOLE
`OF PAVEMENT
`DEFECTS
`SUFFICIENT
`
`BlG APPLE
`SURVEY
`
`CORPORATION
`TO CAUSE
`A HAZARD
`
`-
`
`I
`
`Sidewalks,
`
`or
`
`= Raised or uneven portion
`
`of sidewalk
`
`I
`
`= Extended
`
`section
`
`of
`
`raised or uneven sidewalk
`
`= Cracked
`
`sidewalk
`
`= Extended
`
`section
`
`of cracked
`
`sidewalk
`
`Charlotte
`North Carolina
`
`Colorado Springs
`Colorado
`
`Columbus
`chio
`
`Pelham
`New York
`
`Rochester
`New York
`
`San Antonio O
`
`Texas
`
`St.Louis
`Missouri
`
`Bogotá
`Colombia
`
`Mumbal
`India
`
`X
`
`O
`
`O
`
`X
`
`UC
`
`NS
`
`OK
`
`OB
`
`CS
`
`V
`
`= Hole or hazardous
`C = Extended
`= Obstruction
`
`section
`
`depression
`
`of holes or hazardous
`
`depressions
`
`protruding
`
`from sidewalk
`
`= Extended
`
`section
`
`of obstructions
`
`protruding
`
`from sidewalk
`
`= Extended
`
`section
`
`of cracks and holes
`
`in sidewalk
`
`=oeticiencies
`
`pertaining
`
`to metai doors and frames
`
`For Curbs
`
`= Broken, misaligned,
`
`or uneven curb
`
`X
`
`= Extended
`
`section
`
`of broken, misaligned,
`
`or uneven curb
`
`Pedestrian
`
`Crosswalks
`
`= Pothole
`
`or other hazard
`
`= Extended
`
`section
`
`of potholes
`
`or other hazards
`
`Other
`
`= Area Under Construction
`
`= No Sidewalk
`
`= Block Satisfactory
`
`= Area Obstructed
`from view by cars or other objects
`therefore
`unable to be inspected
`
`and is
`
`= Sidewalk
`
`area that
`
`is primarily
`
`constructed
`
`of cobblestones
`
`= Tree wells without
`
`a "fence"
`
`or
`
`in place barrier
`
`Rev.
`
`10/00
`
`629 Fifth Avenue + Pelham, NY 19803 + Tel: 914.738.1649 + Fax: 914.738.1680 + Toll Free: 800.930.3298 + www.sanborn.com
`19 of 23
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`

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`I
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`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`
`NYSCEF DOC. NO. 1
`
`
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`R
`
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`
`)
`
`
`
`
`
`
`INDEX NO. 509630/2021
`
`
`
`
`RECEIVED NYSCEF: 04/24/2021
`
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`
`
`
`
`
`20 of 23
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`
`
`
`

`

`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 509630/2021
`
`RECEIVED NYSCEF: 04/24/2021
`
`Û G
`
`If
`A-
`G OWANU S
`
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`el
`
`of
`
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`
`21 of 23
`
`

`

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`I™~h7¿~~I
`I
`|
`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
`
`u
`
`INDEX NO. 509630/2021
`
`RECEIVED NYSCEF: 04/24/2021
`
`(.
`
`AV.
`
`978
`
`913
`
`on
`
`(
`
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`ate 60
`
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`
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`3
`
`Ms..tot.
`
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`S ysTEM
`
`22 of 23
`
`

`

`FILED: KINGS COUNTY CLERK 04/24/2021 04:29 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 509630/2021
`
`RECEIVED NYSCEF: 04/24/2021
`
`,
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`
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`23 of 23
`
`