ERRETT v. GREAT NECK PARK DISTRICT


40 A.D.3d 1029 (2007)

837 N.Y.S.2d 701

LILLIAN ERRETT, Appellant, v. GREAT NECK PARK DISTRICT, Respondent.

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

Decided May 29, 2007.


Ordered that the order is affirmed, with costs.

While walking over a flower bed in the defendant's park, the plaintiff tripped and fell as a result of an elevation differential that existed adjacent to a stone wall which separated the flower bed and the surrounding grassy area. The plaintiff subsequently commenced the instant action, alleging that the accident proximately resulted from negligence of the part of the defendant.

"While a landowner must act as...

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