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FISCH v. CITY OF NEW YORK

2019-05501. Index No. 2316/14.

194 A.D.3d 786 (2021)

2021 NY Slip Op 03021

Chayie Fisch, Appellant, v. City of New York, Respondent, et al., Defendant.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Aron S. Wolf ( Ephrem J. Wertenteil , New York, NY, of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Scott Shorr and Elina Druker of counsel), for respondent.

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

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

The plaintiff commenced this action against the defendant City of New York and another defendant to recover damages for personal injuries. The complaint alleged that on January 4, 2013, the plaintiff was walking on a sidewalk when she fell after stepping into a tree well with a soil level that was approximately two inches lower than the surrounding sidewalk. The complaint alleged that the City...

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