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QUOG v. TOWN OF BROOKHAVEN

286 A.D.2d 678 (2001)

730 N.Y.S.2d 145

MICHAEL QUOG, Appellant, v. TOWN OF BROOKHAVEN et al., Defendants, and COUNTY OF SUFFOLK, Respondent. (And a Third-Party Action.)

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

Decided September 10, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff contends that the defendant County of Suffolk had constructive notice that a tree, which was allegedly decaying and which fell on the plaintiff's automobile, constituted a dangerous condition. In a prior decision and order, this Court affirmed an order of the Supreme Court, Suffolk County, granting that branch of the County's motion which was for summary judgment dismissing the...

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