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FERRERA v. CITY OF NEW YORK

2017-06367. Index No. 504581/15.

164 A.D.3d 754 (2018)

83 N.Y.S.3d 547

2018 NY Slip Op 05824

Frank Ferrera, Respondent, v. City of New York et al., Respondents, and Philip S. Golub et al., Appellants.

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

Decided August 22, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

On August 14, 2014, at approximately 12:30 a.m., the plaintiff, a New York City police sergeant, allegedly was struck by a tree branch from a decayed tree located in front of the premises owned by the defendants Philip S. Golub and Ann Marcus Golub (hereinafter together the defendants). The plaintiff commenced this action against the City of New York and the New York City Department of Parks...

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