ISKHAKBAYEV v. CASOL REALTY, LLC

2018-14483. Index No. 8676/11.

183 A.D.3d 706 (2020)

123 N.Y.S.3d 629

2020 NY Slip Op 02769

Edward Iskhakbayev, Appellant, v. Casol Realty, LLC, Defendant/Third-Party Plaintiff-Respondent. City of New York, Third-Party Defendant.

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

Decided May 13, 2020.


Ordered that the order is affirmed insofar as appealed from, with costs.

On the evening of January 1, 2011, the plaintiff tripped and fell after stepping into an unguarded, snow-covered tree well, from which a tree had been removed. The plaintiff was walking on the sidewalk adjacent to a building owned by the defendant. The plaintiff commenced this action against the defendant to recover damages for personal injuries he allegedly sustained as a result of the fall...

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