“Man tripped on a sidewalk that was raised because of growing tree roots. On March 5, 2017, Konstantinos Gallis tripped and fell on a raised part of a sidewalk adjacent to 23-21 33 Road, Queens. Tree roots had raised the sidewalk and allegedly caused the trip.
“Gallis supported his claim by alleging that the City’s Department of Parks and Recreation has exclusive power over tree planting, cultivation, and care of street trees. Individuals and businesses are prohibited from cutting down or removing trees or plants.
“The Appellate Division, Second Department, upheld the dismissal of Gallis’s complaint and held that the City is not liable for sidewalk injuries caused by tree roots. The Appellate Division held that even where a sidewalk may have been damaged by growing tree roots, the abutting property owner remains responsible for remedying any hazardous condition of the sidewalk. The fact that the City regulates street trees does not make the City Liable for injuries that may occur because of the defect.”
Read the full CITYLAND article here. CityLand provides in-depth coverage of land use applications undergoing public review in New York City.
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