Legal Opinion
Austin v. Town of Southampton
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2014Published
1Opinion of the Court
On June 24, 2008, the injured plaintiff, Robert S. Austin, was engaged in a repaving project, operating a paving truck on a tree-lined road located in the Town of Southampton, when a piece of wood, apparently a piece of a tree branch, became embedded in his forehead. The injured plaintiff, and his wife suing derivatively, commenced this action against the Town and Longtree Pond Homeowners’ Association, Inc. (hereinafter Longtree), the owner of the land and trees located on both sides of the road, alleging that he had been injured by a low-hanging tree branch. The Town moved, and Longtree…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Basso v. MillerNew York Court of Appeals · 1976
- Hilliard v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2003
- Ferrigno v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Williams v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2006
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