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MONTANEZ v. NEW YORK STATE ELECTRIC & GAS

522383.

144 A.D.3d 1241 (2016)

2016 NY Slip Op 07250

41 N.Y.S.3d 309

HENRY MONTANEZ et al., Appellants, v. NEW YORK STATE ELECTRIC AND GAS, Respondent.

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

Decided November 3, 2016.

Plaintiffs owned a house situated on several acres of land in the Town of Thompson, Sullivan County. On August 28, 2011, as a result of Hurricane Irene, a tree branch fell onto and severed a power line owned and maintained by defendant on its permanent utility easement over a wooded portion of

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