KEATING v. TOWN OF BURKE

509663.

86 A.D.3d 660 (2011)

927 N.Y.S.2d 411

2011 NY Slip Op 5824

MARY E. KEATING, Appellant, v. TOWN OF BURKE et al., Respondents.

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

Decided July 7, 2011.


MERCURE, J.P.

In July 2005, plaintiff attended an event sponsored by defendant Burke Volunteer Fire Department, Inc. (hereinafter BVFD) and held at a park owned by defendant Town of Burke. As she was placing her chair to watch an outdoor auction, plaintiff was struck and injured by a dead branch that had broken off from an overhanging tree. She filed a notice of claim and subsequently commenced this action against defendants alleging, among other things, that they...

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