KLASS v. CITY OF NEW YORK


39 A.D.2d 552 (1972)

Rochelle Klass, Respondent, v. City of New York, Defendant, and Harry Furman et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 10, 1972


Judgment reversed insofar as appealed from, on the law and the facts and in the interests of justice; new trial granted as between plaintiff and defendants Furman, with costs to abide the event; and action severed so as to continue separately against said defendants.

Plaintiff's theory at trial was that the defendants Furman had planted a tree in front of their house allowing insufficient room for the tree's future root structure and that the growth of the tree's...

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