In Boston v. City of New York , George Boston -- a sanitation employee -- sued the City of New York and the Charosa Foundation for injuries he incurred while emptying Charosa's trash.
Boston was positioned on a "running board" attached to the garbage truck and, while it was moving, caught his knee in a tree-well built by Charosa . (The tree-well was constructed without a permit and violated a maximum height requirement.)
When the Queens County Supreme refused to dismiss the case or to find the defendants liable for the accident, the parties appealed to the Appellate Division, Second Department.
Whether or not the tree-well was "inherently dangerous" and the property was maintained in "a reasonably safe condition," (as well as questions of Boston's "comparative fault"), were issues left for a formal hearing or trial
In what way do you think this case will get disposed?
To download a copy of the Appellate Division's decision, please use this link: Boston v. City of New York