IVANCIC v. OLMSTEAD


112 A.D.2d 508 (1985)

Daniel H. Ivancic, Appellant-Respondent, v. Mary Olmstead, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 3, 1985


Main, J. P.

On September 26, 1980, plaintiff was working on his truck in the driveway of his parents' home located on Prospect Street in the Village of Fultonville, Montgomery County. The property adjoining on the west has been owned by defendant since 1970 and is her home. At about noontime, while a heavy windstorm was in progress, a limb from a maple tree located on defendant's property fell and struck plaintiff, causing him to sustain severe personal...

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