Abutting Landowner Not Responsible for Condition of Sidewalk Tree Well; Open and Obvious Condition Relates Only to Comparative Negligence

In affirming the denial of the summary judgment motion brought by the defendant abutting landowner in a sidewalk slip and fall case, the Second Department noted that an abutting landowner is not responsible for defects in a tree well, and the allegation that a condition is open and obvious only raises a question of fact about plaintiff’s possible contributory negligence. Vigil v City of New York, 2013 NY Slip Op 06853, 2nd Dept 10-23-13