GOLDBAN v. 56TH REALTY, LLC


304 A.D.2d 408 (2003)

758 N.Y.S.2d 46

JANE GOLDBAN, Appellant, v. 56TH REALTY, LLC, et al., Respondents, et al., Defendant.

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

Decided April 15, 2003.


Plaintiff tripped and fell when her foot became ensnared in one of the hoops, or "wickets," of the metal tree guard surrounding a tree in front of defendants' premises. Plaintiff admits that she saw the tree guard before stepping into it, but that she was momentarily distracted by a taxi cab driving by, causing her to forget about the tree guard. The action was properly dismissed in view of plaintiff's admission that the tree guard was readily observable (see Pepic v Joco...

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