Defendants established their prima facie entitlement to summary judgment by submitting, inter alia, plaintiff's deposition testimony that, while jogging to catch a bus, he looked over his left shoulder to see the bus, at which point he tripped in the dirt area of the tree well; plaintiff was aware of the presence of the tree before he started jogging. In opposition, plaintiff failed to raise a triable issue of fact as to whether defendants' adjacent construction fence, which...
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