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WHALEN v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

5920, 109957/05.

89 A.D.3d 416 (2011)

931 N.Y.S.2d 609

2011 NY Slip Op 7688

JOHN K. WHALEN, Appellant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Respondents.

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

Decided November 1, 2011.

Plaintiff was injured when a tree fell on his car as he was driving on State Route 28 in Ulster County on reservoir property owned by the City. Plaintiff alleges that the City was negligent in failing to remove a diseased, decaying, and unstable tree from the perimeter of the roadway. The City moved unsuccessfully for summary judgment dismissing the complaint for lack of notice of the...

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