In Vucetovic v. Epsom Downs, Inc ., Dzafer Vucetovic was injured on property maintained by Epsom Downs, Inc. (Epsom).
The City of New York removed a tree in front of Epsom's building, leaving a tree stump inside the cobblestone-lined tree well, which was installed prior to Epsom's acquisition of the building.
While walking along the sidewalk, Vucetovic tripped on the cobblestone and injured himself. He later sued claiming a violation of New York City law which "imposes tort liability on property owners who fail to maintain City-owned sidewalks in a reasonable safe condition."
After the New York County Supreme Court granted Epsom's request to dismiss the case -- on the ground that the tree well wasn't a part of the sidewalk -- both the Appellate Division, First Department, and, the New York State Court of Appeals later affirmed.
Our state's highest court concluded that local law excluded "tree wells" and, since they are "City-owned" and local law didn't expressly transfer liability to private landowners, Vucetovic's case couldn't survive.
Guess who needed a soak after getting that news?
For a copy of the Court of Appeals' decision, please use this link: Vucetovic v. Epsom Downs, Inc