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GRANT v. SCHWARTZ

276 A.D.2d 526 (2000)

713 N.Y.S.2d 769

EDWARD GRANT et al., Respondents, v. GLENN SCHWARTZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 10, 2000.

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 bush located on the defendant's property, but encroaching upon the sidewalk. Although the plaintiff had walked this particular...

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