GOLAN v. ASTUTO

Reset A A Font size: Print

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

Antonio GOLAN, Appellant, v. Luigi ASTUTO, et al., Respondents.

Decided: September 29, 1997

Before ROSENBLATT, J.P., and COPERTINO, PIZZUTO, KRAUSMAN and FLORIO, JJ. Schreffler & Gitlin, New York City (Bruce Gitlin, of counsel), for appellant. Morris, Duffy, Alonso & Faley, New York City (Yolanda L. Ayala, of counsel), for respondents.

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated June 11, 1996, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff sustained injuries to his face when he attempted to saw a branch of a tree that had fallen onto his property from the defendants' adjoining property.   Where, as here, there is no evidence that the tree was defective or that the defendants had actual or constructive notice of any defective condition in the tree before it fell, the defendants did not have a duty to take reasonable steps to prevent any potential harm that may have occurred to the plaintiff on his property as a result of the tree falling on his property (see, Ivancic v. Olmstead, 66 N.Y.2d 349, 350-351, 497 N.Y.S.2d 326, 488 N.E.2d 72, cert. denied 476 U.S. 1117, 106 S.Ct. 1975, 90 L.Ed.2d 658;  Harris v. Village of East Hills, 41 N.Y.2d 446, 449, 393 N.Y.S.2d 691, 362 N.E.2d 243).

MEMORANDUM BY THE COURT.

Copied to clipboard