HANDWERKER v. CITY OF NEW YORK

6038, 6039, 112462/07

90 A.D.3d 409 (2011)

934 N.Y.S.2d 25

2011 NY Slip Op 8668

ALEXIS HANDWERKER, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided December 1, 2011.


Dismissal of the complaint was not warranted since the record presents triable issues of fact as to whether defendants had constructive notice of the alleged condition of the tree. Plaintiff submitted evidence, including affidavits from experts, showing that there were clear, visible signs of the tree's decay that existed for several years and that defendants performed work on the tree prior to the accident (see Harris v Village of E. Hills, 41 N.Y...

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