MACRIS v. MATTA

Motion No: 570001/12.

101 A.D.3d 957 (2012)

956 N.Y.S.2d 173

2012 NY Slip Op 8701

MARY LYNN MACRIS et al., Appellants, v. PAULA SEOUD MATTA et al., Respondents.

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

December 19, 2012.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law, as they have no affirmative duty to remedy a natural condition on their property such as the beaver dam at issue here (see Vanderwiele v Taylor, 65 N.Y. 341 [1875]; Frank v Garrison, 184 A.D.2d 852...

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