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PULGARIN v. DEMONTEVERDE

63 A.D.3d 1026 (2009)

880 N.Y.S.2d 571

JOSE F. PULGARIN, Appellant, et al., Plaintiff, v. JOEL DEMONTEVERDE et al., Respondents.

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

Decided June 23, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Jose F. Pulgarin was injured when a tree on the defendants' property fell onto the car that 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

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