Appellate Division of the Supreme Court of the State of New York November 22, 2011 (Figueroa v. City of New York)

One night in October 2005, the plaintiff allegedly was injured when he stepped into a hole in the sidewalk in front of property that was then owned by the defendant 843 Greene Avenue Corp. (hereinafter 843 Greene). Although it was dark outside, the plaintiff saw the hole, which he later described as two to three inches wide, three inches long, and three inches deep, but he did not try to avoid it.