BARTELS v. CITY OF NEW YORK

2013-11484, Index No. 13264/11.

125 A.D.3d 583 (2015)

MARGARET BARTELS, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 4, 2015.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly sustained injuries after she tripped and fell in a tree well adjacent to P.S. 146 in Queens, on 98th Street between 158th and 159th Avenues. She served a notice of claim on the City of New York that stated, in pertinent part: "The claim arose on the 3rd day of September, 2010 at approximately 3:15 p...

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