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CRAWFORD v. FOREST HILLS GARDENS

16 A.D.3d 540 (2005)

792 N.Y.S.2d 135

DONNA CRAWFORD et al., Appellants, v. FOREST HILLS GARDENS, Respondent, et al., Defendants.

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

March 21, 2005.

Ordered that the order is affirmed, with costs.

On September 11, 2002, the plaintiff Donna Crawford was driving her automobile on Continental Avenue in the private community of Forest Hills Gardens when a tree fell on her car. The tree was located in the yard of a private residence owned by the defendants John Guck and Joan Guck. The defendant Forest Hills Gardens, the homeowners association, did not own or control either the property or the tree, although it did...

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