Vucetovic v. Epsom Downs, Inc.

Gonzalez, J. (dissenting).

Because the majority misapprehends the meaning of the term “sidewalk,” as used in Administrative Code of the City of New York § 7-210, I respectfully dissent and would reverse the order granting defendant’s motion to dismiss the complaint.

The facts relevant to this appeal are as follows. On January 31, 2004, plaintiff Dzafer Vucetovic was walking down East 58th Street in Manhattan when he stepped into a tree well on the sidewalk and tripped on one of the cobblestones, allegedly *30injuring his ankle and back. The tree well, from which a tree had been removed by the City…