The Plaintiff was a Sergeant in the Detective Bureau of the NYPD and when she stepped off  a curb to assist a motorist with directions when she was injured.  The case was dismissed on motion because it was determined that she was unable to prove that the city had prior notice of the defective condition of the curb and the curb was not defective or dangerous by reason of its height therefore there was no issue to be determined by the court.  Accordingly, her claim and case was dismissed.

Read about this Civil Service case here.