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JAGROOP v. RAMDHANNY

2014-532 Q C

50 Misc.3d 115 (2016)

26 N.Y.S.3d 821

2016 NY Slip Op 26036

NIA S. JAGROOP, Appellant, v. SHARMILA RAMDHANNY et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided February 5, 2016.

Attorney(s) appearing for the Case

Law Office of Peter E. Torres, New York City (Peter E. Torres of counsel), for appellant.

Nicolini, Paradise, Ferretti & Sabella, PLLC, Mineola (Joshua H. Stern of counsel) for Sharmila Ramdhanny, respondent.

Zachary W. Carter, Corporation Counsel, New York City (Francis F. Caputo and Elizabeth I. Freedman of counsel), for City of New York, respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

On the evening of December 27, 2011, plaintiff's car, while parked in the driveway or yard directly in front of plaintiff's mother's house, was damaged by a branch or branches which fell from a tree, the trunk of which stood behind a fence in the yard of the adjoining premises. In January 2012, plaintiff commenced this...

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