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CRAWFORD v. FOREST HILLS GARDENS

34 A.D.3d 415 (2006)

824 N.Y.S.2d 150

DONNA CRAWFORD et al., Respondents, v. FOREST HILLS GARDENS, Defendant, and JOHN GUCK et al., Appellants.

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

Decided November 8, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff Donna Crawford was injured when a tree on the appellants' property blew over and fell on her car. No liability attaches to a landowner whose tree falls and injures another unless there exists actual or constructive knowledge of the defective condition of the tree (see Ivancic v Olmstead, 66 N.Y.2d 349, 350-351 [1985]...

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