Fuller v. PSS/WSF Housing Co.

Appeal from order, Supreme Court, Bronx County (Howard R. Silver, J.), entered February 9, 2009, which, in an action for personal injuries allegedly sustained when plaintiff tripped in the dirt area of a tree well cut out of a public sidewalk and fell into the tree, granted defendants’ motions for summary judgment, deemed to be an appeal from judgment, same court and Justice, entered May 15, 2009 (CPLR 5501 [c]), dismissing the complaint, and so considered, said judgment unanimously affirmed, without costs.

Defendants established their prima facie entitlement to summary judgment by submitting,…