In this action to recover damages for personal injuries sustained after a sidewalk trip and fall that occurred due to a loose brick fitted within a tree well, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, determined as a matter of law that the defendant-owner had no duty to maintain the City-owned tree well, did not create the alleged dangerous condition, negligently repair the area, or cause the condition through a special use of the tree well.
