MATTES v. JOSEPH


282 A.D.2d 506 (2001)

723 N.Y.S.2d 217

CAROL L. MATTES et al., Respondents, v. RACHEL JOSEPH, Appellant, and EDWARD JOSEPH, Respondent.

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

Decided April 9, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellant.

During a storm in 1995, a tree fell on property owned by the appellant, Rachel Joseph. Unable to afford to hire a professional, she asked the decedent, her son-in-law, and the defendant Edward Joseph, her son, to remove the tree. During the

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