FREIMOR v. CITY OF NEW YORK


44 A.D.3d 514 (2007)

843 N.Y.S.2d 609

JACQUELINE FREIMOR et al., Respondents, v. CITY OF NEW YORK, Respondent, and GEORGE TIMOTHY DEASON et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided October 23, 2007.


Plaintiff Freimor was injured when she tripped over the edge of a flagstone, which was raised by the presence of tree roots, on a public sidewalk located in front of a one-family brownstone owned by appellants and adjacent to a curbside tree well. Dismissal of the complaint as against appellants is warranted because there is no evidence that they created the defective condition in the sidewalk or used the sidewalk for a special purpose, and at the time of the 2002 accident...

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