BLAIS v. BALZER


175 A.D.2d 385 (1991)

Catherine Blais, Appellant, v. Katherine Balzer, Respondent. (And a Third-Party Action.)

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

July 11, 1991


Yesawich Jr., J.

When a branch from a tree on defendant's residential property partially broke during a storm and severed a telephone wire, plaintiff (defendant's daughter), plaintiff's husband (the third-party defendant) and their 13-year-old son undertook to remedy the situation. The parties disagree as to whether defendant asked plaintiff's husband or he volunteered to remove the branch and repair the wire; however, it is undisputed that defendant...

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