BADALBAEVA v. CITY OF NEW YORK


55 A.D.3d 764 (2008)

866 N.Y.S.2d 322

TAMARA BADALBAEVA, Respondent, v. CITY OF NEW YORK et al., Defendants, and STARRETT CITY, INC., et al., Appellants.

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

October 21, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Starrett City, Inc., and Grenadier Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them is granted.

The plaintiff allegedly was injured when she tripped over a tree root and fell when she was unable to regain her balance because of a nearby suspended cable. At the time, she was exiting a large grassy area which has numerous trees. The...

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