EHLERS v. COUNTY OF OTSEGO


12 A.D.3d 814 (2004)

784 N.Y.S.2d 669

WILLIAM J. EHLERS, Respondent, v. COUNTY OF OTSEGO, Appellant, et al., Defendants.

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

November 10, 2004.


Kane, J.

Plaintiff was driving past a grove of maple trees on Route 50 in Otsego County when a tree limb fell onto his vehicle, smashed through the windshield and hit him in the face, breaking his jaw and teeth. The grove of trees was located on private property but within the right-of-way controlled by defendant County of Otsego (hereinafter defendant). Plaintiff commenced this action claiming, among other things, that defendant negligently maintained the trees located...

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