Morelli v. Starbucks Corp.

*964In an action to recover damages for personal injuries, the defendant City of Rye, New York, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated March 2, 2012, as denied that branch of its motion which was for summary judgment dismissing so much of the complaint as alleged that it was negligent in failing to maintain and repair a tree well, and the plaintiff cross-appeals, as limited by her brief, from so much of the same order as granted that branch of the motion of the defendant City of Rye, New York, which was for summary…