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GIBBONS v. CITY OF NEW YORK

2015-11694, Index No. 10826/12.

139 A.D.3d 1004 (2016)

30 N.Y.S.3d 843

2016 NY Slip Op 04019

JOSEPH GIBBONS, Respondent, v. CITY OF NEW YORK, Respondent, and KINGSTON HEIGHTS, LLC, Appellant.

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

Decided May 25, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Kingston Heights, LLC, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The plaintiff commenced this action to recover damages for injuries he allegedly sustained when he stepped on a raised cobblestone in a tree well in front of premises owned by the defendant Kingston Heights, LLC (hereinafter Kingston Heights)...

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