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HARRIS v. VIL OF E. HILLS

41 N.Y.2d 446 (1977)

Walter Harris, Respondent, v. Village of East Hills, Appellant, and County of Nassau, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Martin S. Rothman, New York City, for appellant.

Thomas R. Newman and Charles Kramer, New York City, for Walter Harris, respondent.

James M. Catterson, Jr., County Attorney (William S. Norden of counsel), Mineola, for County of Nassau, respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

In the late afternoon of March 4, 1971, Walter Harris was driving his automobile along Locust Lane in the Village of East Hills. He had left his job in order to pick up some dinner for himself and his coworkers. It was a windy, rainy day, and as he proceeded along the road a large limb from a silver maple tree came crashing down on the top of his car,...

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