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COMMENDER v. STRATHMORE CT. HOME OWNERS ASSN.

2016-05155. Index No. 61848/13.

151 A.D.3d 1014 (2017)

58 N.Y.S.3d 108

2017 NY Slip Op 05197

JENNIFER COMMENDER et al., Appellants, v. STRATHMORE COURT HOME OWNERS ASSOCIATION et al., Respondents.

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

Decided June 28, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff Jennifer Commender (hereinafter the injured plaintiff) allegedly tripped and fell over an exposed tree root in a common area located in the side yard next to a condominium unit that she leased with her husband. The injured plaintiff, and her husband suing derivatively, commenced this action against the defendants, the owner and manager of the condominium complex...

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