WESTRICK v. COUNTY OF STEUBEN


309 A.D.2d 1246 (2003)

765 N.Y.S.2d 86

EUGENE F. WESTRICK, Appellant, v. COUNTY OF STEUBEN, Respondent. (Appeal No. 1.)

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

Decided October 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries he sustained when a limb fell from a tree and struck him while he was walking on a sidewalk adjacent to defendant's property. Both the tree and sidewalk where plaintiff was walking were located on property owned by the Village of Bath but the branches extended over property...

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