Grant v. Schwartz

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated September 23, 1999, which denied his 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 Edward Grant (hereinafter the plaintiff), was injured while walking on a public sidewalk, which abuts the defendant’s property, when he tripped and fell on a branch of a *527bush located on the defendant’s property, but encroaching…