Ordered that the order is reversed, on the law, the motion is denied, and a new trial is granted with costs to abide the event.
The instant accident occurred when the plaintiff Mary Ann Grgich stepped into a tree well on a public sidewalk and tripped over a tree stump in the tree well. The trial court granted the defendant judgment as a matter of law on the ground that the condition complained of was open and obvious.
In Cupo v Karfunkel (2 A.D.3d 48...
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