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SUROWIEC v. CITY OF NEW YORK

139 A.D.2d 727 (1988)

Dolores Surowiec et al., Respondents, v. City of New York, Respondent, and Roman Catholic Church of Our Lady of Lebanon, Appellant

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

April 25, 1988

Ordered that the order is reversed, on the law, with costs payable by the defendant-respondent, and the complaint and cross claims are dismissed as against the appellant.

The plaintiff allegedly sustained injuries when she fell on a flagstone sidewalk adjacent to the Church on Henry Street in Brooklyn Heights. The fall was allegedly caused by irregularities in the surface of the sidewalk where a tree root had apparently...

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