Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff Anne Yass tripped and fell over a slab of raised concrete in the sidewalk which abuts the defendant's premises. The condition apparently was caused by the upward pressure exerted by roots of a nearby tree. It is not disputed that the sidewalk was under the control of, and the tree was maintained by, the City of New York. The defendant's...
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