RUSHTON v. STATE

2017-05422.

189 A.D.3d 1488 (2020)

134 N.Y.S.3d 752

2020 NY Slip Op 07936

Sophia Rushton et al., Appellants, v. State of New York, Respondent.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Law Office of William A. Gallina, PLLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for appellants.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Ester Murdukhayeva of counsel; Retley Locke, Jr. , on the brief), for respondent.

Mastro, J.P., Miller, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the judgment is affirmed, with costs.

On September 8, 2012, the claimant Christopher Rushton was walking with his daughters on a hiking trial in the Old Croton Aqueduct State Historic Park in Irvington. After a storm with strong winds arose, a tree along the trail broke and a portion of the tree fell on them, causing injuries to his 11-year-old daughter, the claimant Sophia Rushton. As relevant to this appeal...

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