KOVEL v. GLENWOOD MGT. CORP.

Index No. 159560/17. Appeal No. 14790. Case No. 2021-01751.

200 A.D.3d 460 (2021)

160 N.Y.S.3d 208

2021 NY Slip Op 06805

Virginia Kovel, Respondent, v. Glenwood Management Corp. et al., Appellants, et al., Defendant.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Kathryn M. Beer of counsel), for appellants.

Alpert, Slobin & Rubinstein, Garden City ( Lisa M. Comeau of counsel), for respondent.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.


The tree well border at issue in this action is not an inherently dangerous condition. To the extent that plaintiff claims the snow obscured her view of the tree well border, the storm in progress doctrine would preclude any recovery.

Plaintiff tripped and fell on a tree well border made of stone, that is adjacent to a building owned and operated by the appealing defendants (defendants). The accident occurred at night and during a snow fall. Plaintiff claims that...

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