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BABCOCK v. COUNTY OF ALBANY

511307.

85 A.D.3d 1425 (2011)

925 N.Y.S.2d 703

2011 NY Slip Op 5163

MATTHEW J. BABCOCK, Respondent, v. COUNTY OF ALBANY et al., Defendants, and ROBERT J. McDONALD, Individually and Doing Business as McDONALD'S PLUMBING, Appellant.

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

Decided June 16, 2011.

McCARTHY, J.

In July 2005, while plaintiff was riding a motorcycle on Route 144 in the Town of Coeymans, Albany County, a massive tree limb fell onto the road and injured plaintiff. The tree from which the limb fell was located on property owned by defendant Robert J. McDonald (hereinafter defendant). Plaintiff commenced this action alleging, among other things, that defendant was negligent in the maintenance of the tree on his property. After Supreme Court granted...

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