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FUSCO v. CITY OF NEW YORK

2009-04015.

71 A.D.3d 1083 (2010)

900 N.Y.S.2d 81

CARMELA FUSCO, Respondent, v. CITY OF NEW YORK, Respondent-Appellant, and SANTO ARENA, Appellant-Respondent.

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

Decided March 30, 2010.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff alleges that on January 24, 2006, she was injured in Bay Ridge, Brooklyn, when she tripped and fell while walking over a portion of elevated sidewalk which was raised by a nearby tree root that emanated from an adjacent tree well. She commenced this action against Santo Arena, a co-owner of the premises abutting the sidewalk at the site of her accident, and the City of New York. In their...

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