ALOI v. DUBRISKE

2020-04925. Index No. 622412/18.

203 A.D.3d 998 (2022)

162 N.Y.S.3d 743

2022 NY Slip Op 01979

Jaclyn D. Aloi, Respondent, v. Timothy Dubriske, Appellant.

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

Decided March 23, 2022.


Attorney(s) appearing for the Case

James F. Butler , Jericho, NY ( Nancy S. Goodman of counsel), for appellant.

Gruenberg Kelly Della, Ronkonkoma, NY ( Zachary M. Beriloff , of counsel), for respondent.

Barros, J.P., Chambers, Maltese and Wooten, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On September 17, 2018, the plaintiff allegedly was injured when she tripped over a portion of the base of a 10-foot-high basketball hoop, which was situated on the defendant's property, between two trees that were part of a row of trees dividing the plaintiff's and the defendant's properties. The plaintiff alleged that the...

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