SLEEZER v. ZAP

512353.

90 A.D.3d 1121 (2011)

933 N.Y.S.2d 764

2011 NY Slip Op 8705

EDWIN SLEEZER, Respondent, v. HOLLIS ZAP, Appellant.

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

Decided December 1, 2011.


McCARTHY, J.

As plaintiff was driving on a public highway, two large limbs from a tree located on defendant's property fell and struck plaintiff's vehicle, causing him injuries. He commenced this negligence action against defendant for failing to maintain the tree or remedy its allegedly defective condition. Defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion, prompting defendant's appeal.

Defendant owed a duty to...

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