Dottavio v. Aspen Knolls Estates Home Owners Assn.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated October 20, 2015, which denied its motion for summary judgment dismissing the complaint.

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

The plaintiff alleged that she tripped and fell over an exposed tree root in a common area behind her home, which was part of the residential development owned by the defendant. Thereafter, the plaintiff commenced…