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PICONE v. SCHLAICH

245 A.D.2d 555 (1997)

667 N.Y.S.2d 57

Matilda Picone et al., Respondents, v. Elsie D. Schlaich et al., Appellants

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

December 29, 1997

Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

The plaintiff Matilda Picone was injured when she tripped and fell on an allegedly defective section of sidewalk in front of premises owned by the defendants. The defect was purportedly caused by the defendants' planting of a tree approximately 15 years earlier. An owner of land abutting a public...

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