McMahon v. Travelers Indemnity Co.

— Appeal from an order of the Supreme Court at Special Term, entered October 24, 1978 in Albany County, which granted defendant’s cross motion for summary judgment and dismissed the complaint. On July 21, 1977, a strong wind blew down a large maple tree and two limbs from a box elder tree on property belonging to plaintiffs, and two fences on the property were also damaged by the falling trees. As a consequence, plaintiffs commenced the present action based upon a homeowners’ insurance policy issued to them by defendant, and in this action they seek to recover from defendant as damages the…