AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

DONNA CRAWFORD et al., Respondents, v. FOREST HILLS GARDENS, Defendant, and JOHN GUCK et al., Appellants.

Ordered that the order is affirmed, with costs.

The plaintiff Donna Crawford was injured when a tree on the appellants' property blew over and fell on her car. No liability attaches to a landowner whose tree falls and injures another unless there exists actual or constructive knowledge of the defective condition of the tree ( see Ivancic v Olmstead, 66 NY2d 349, 350-351).

The Supreme Court properly denied the appellants' motion for summary judgment. In response to the appellants' demonstration of entitlement to judgment as a matter of law, the plaintiffs offered the affidavit of their expert which raised a triable issue of fact as to whether the tree presented a "readily-observable manifestation of decay" that should have alerted the appellants to the defective condition ( cf. Ivancic v Olmstead, supra; Harris v Village of E. Hills, 41 NY2d 446; Lahowin v Ganley, 265 AD2d 530).

Use AI to get other relevant cases.

Comments

CRAWFORD v. HILLS GARDENS
(Nov 8, 2006)