LILLIS v. WESSOLOCK

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff allegedly sustained injuries when a limb of a tree on the defendants' property broke off and fell on top of the vehicle he was operating. In cases involving fallen trees, a property owner will be held liable only if he or she knew or should have known of the dangerous condition of the tree ( see Ivancic v Olmstead, 66 NY2d 349, 351, cert denied 476 US 1117; Harris v Village of E. Hills, 41 NY2d 446, 450; Asnip v State of New York, 300 AD2d 328; Lahowin v Ganley, 265 AD2d 530; Golan v Astuto, 242 AD2d 669). Constructive notice in such a case can be imputed if the record establishes that a reasonable inspection would have revealed the dangerous condition of the tree ( see Harris v Village of E. Hills, 41 NY2d at 449).

In response to the defendants' demonstration of their entitlement to judgment as a matter of law, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.