It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendant City of Niagara Falls and dismissing the complaint and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action alleging that she was injured after tripping and falling on a sidewalk slab that had been raised by the roots of a nearby tree. She named as defendants the City of Niagara...
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