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LILLIS v. WESSOLOCK

50 A.D.3d 969 (2008)

856 N.Y.S.2d 487

JOSEPH LILLIS, Appellant, v. ROBERT E. WESSOLOCK et al., Respondents.

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

Decided April 22, 2008.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff allegedly sustained injuries when a limb of a tree on the defendants' property broke off and fell on top of the vehicle he was operating. In cases involving fallen trees, a property owner will be held liable only if he or she knew or should have known of the dangerous condition of the tree (see Ivancic v Olmstead, 66 N.Y.2d 349, 351 [1985],...

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