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CITY OF NEW YORK v. TRAVELERS PROP. CAS. CO. OF AM.

Index No. 450228/19. Appeal No. 14146. Case No. 2020-03543.

196 A.D.3d 401 (2021)

151 N.Y.S.3d 384

2021 NY Slip Op 04186

City of New York, Respondent, v. Travelers Property Casualty Company of America, Appellant.

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

Decided July 1, 2021.

Attorney(s) appearing for the Case

Keane & Associates, New York ( Amy C. Gross , of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Kate Fletcher , of counsel), for respondent.

Concur—Renwick, J.P., Gische, Oing, Mendez, JJ.

The underlying personal injury complaint alleges that the plaintiff was injured by a branch falling from a tree in Central Park and that her injuries were proximately caused by the negligent acts and/or omissions on the part of the City, the NYC Department of Parks and Recreation, and the Central Park Conservancy, Inc. (CPC), and/or its contractors, subcontractors, and agents in the maintenance and inspection of the tree. CPC and the City entered into a written agreement...

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