BANDIER v. TIM BLENK TREE CARE, INC.


57 A.D.3d 595 (2008)

869 N.Y.S.2d 215

MARTIN BANDIER, Appellant, v. TIM BLENK TREE CARE, INC., Respondent.

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

December 9, 2008.


Ordered that the order is affirmed, with costs.

The plaintiff owns an estate in Southampton which is bordered by tall privet hedges and round privet bushes. In February 2004 the defendant entered into a plant management contract to maintain the plaintiff's estate. Under the terms of the contract, the defendant was required to have a trained diagnostician periodically visit the plaintiff's estate in order to inspect trees and shrubs for insect and disease activity...

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