HIRSCHLER v. ANCO BUILDERS, INC.


126 A.D.2d 971 (1987)

Ronald Hirschler, Individually and as Parent and Natural Guardian of Christopher Hirschler, an Infant, Appellant, v. Anco Builders, Inc., et al., Respondents

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

January 23, 1987


Order unanimously affirmed, without costs.

Memorandum:

Plaintiff commenced this action for personal injuries sustained by the infant plaintiff when a dead tree fell on him while he was bicycling on defendant's property. Upon defendant's motion for summary judgment, the court correctly dismissed the first two causes of action for negligence and nuisance and properly refused to dismiss the fourth cause of action alleging defendant's willful or malicious failure...

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