Yass v. Deepdale Gardens
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Zelman, J.), dated October 11, 1990, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff Anne Yass tripped and fell over a slab of raised concrete in the sidewalk which abuts the defendant’s premises. The condition apparently was caused by the upward pressure exerted by roots of a nearby tree. It is not disputed that the…
2Cases cited6 opinions
- Roark v. HuntingNew York Court of Appeals · 1969
- Lodato v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1979
- Zizzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Friedman v. GearrityAppellate Division of the Supreme Court of the State of New York · 1970
- Foley v. LiogysAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by15 opinions
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- Gerena v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2001
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