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POWROZNIK v. CITY OF NEW YORK

2019-03453, Index No. 13855/11.

181 A.D.3d 735 (2020)

117 N.Y.S.3d 850

2020 NY Slip Op 01655

Josef Powroznik, Respondent, v. City of New York, Defendant, and G & J Realty, LLC, Appellant.

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

Decided March 11, 2020.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant G & J Realty, LLC, for summary judgment dismissing the complaint insofar as asserted against it is granted.

On December 5, 2010, the plaintiff, while walking in Brooklyn, allegedly sustained personal injuries when he stepped into a tree well and fell. Subsequently, the plaintiff commenced this action against the abutting landowner, the defendant G & J Realty, LLC (hereinafter...

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