Crawford v. Forest Hills Gardens

In an action to recover damages for personal injuries, etc., the defendants John Guck and Joan Guck appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated October 31, 2005, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Donna Crawford was injured when a tree on the appellants’ property blew over and fell on her car. No liability *416attaches to a landowner whose tree falls and injures another unless there exists actual or constructive knowledge of the defective condition of the tree (see…