GITTERMAN v. CITY OF NEW YORK


300 A.D.2d 157 (2002)

751 N.Y.S.2d 478

RENEE GITTERMAN, Respondent, v. CITY OF NEW YORK, Defendant, and CHURCH OF ST. MARGARET, Appellant.

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

Decided December 19, 2002.


In this action for personal injuries, plaintiff alleges that she tripped and fell over an area of a sidewalk that had been raised two inches by the roots of a tree located on the defendant Church's property. After issue was joined, the Church moved for summary judgment arguing that it was not liable for injuries resulting from plaintiff's fall on a public sidewalk because it did not cause or create the defective condition, nor did it utilize the sidewalk for a special purpose...

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