Clarke v. New York City Housing Authority

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 4, 1999, which, in an action for personal injuries sustained when a branch from a tree located on defendant’s property fell on plaintiff’s head, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*203The action was properly dismissed in the absence of evidence sufficient to raise an issue of fact as to whether defendant failed to properly maintain the trees on its property, or created or had actual or constructive notice of the danger posed by the branch that…