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RODRIGUEZ v. CAPRI LANDSCAPING, INC.

2016-07378, Index No. 1083/15.

172 A.D.3d 770 (2019)

97 N.Y.S.3d 525

2019 NY Slip Op 03392

Brunilda Rodriguez, Appellant, v. Capri Landscaping, Inc., Defendant, and Estate of Miguelina Torres, Respondent.

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

Decided May 1, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured on July 14, 2012, when she tripped and fell over broken fencing surrounding a tree well in front of a premises in Brooklyn (hereinafter the premises). Thereafter, on January 28, 2015, the plaintiff commenced this action against, among others, the Estate of Miguelina Torres (hereinafter the Estate), which owned the premises. The Estate filed...

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