LOUALLEN v. NEW YORK CITY HOUS. AUTH.

11504. 151342/16.

183 A.D.3d 452 (2020)

121 N.Y.S.3d 870

2020 NY Slip Op 02868

Harold Louallen, Respondent, v. New York City Housing Authority, Appellant, et al., Defendant.

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

Decided May 14, 2020.


NYCHA failed to establish prima facie entitlement to summary judgment in this action where plaintiff was injured when a tree branch fell and struck him while he was on NYCHA's premises. NYCHA failed to show that it had no actual or constructive notice of the defective condition of the tree that injured plaintiff (see generally Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]; compare Pagan v Jordan,

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