SEWESKY v. CITY OF NEW YORK

1629, 111091/10.

140 A.D.3d 666 (2016)

33 N.Y.S.3d 725

2016 NY Slip Op 05234

MICHAEL SEWESKY, Respondent, v. CITY OF NEW YORK et al., Respondents, and COUNCIL ON THE ENVIRONMENT, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2016.


Plaintiff allegedly fell in a city-owned community garden when he tripped over the edge of a concrete slab bordering a patch of dirt and was lacerated by rebar or wires sticking out of the concrete. Defendant GrowNYC, a non-profit organization, provided funding and assistance for a renovation project in the garden that was completed three years before plaintiff's accident.

In support of its motion, GrowNYC demonstrated that it does not own, occupy, control or make...

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