Keating v. Town of Burke

Appeal from an order of the Supreme Court (Demarest, J.), entered December 22, 2011 in Franklin County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint.

In July 2005, while attending an event organized by the Burke Volunteer Fire Department at a field owned by defendant, Town of Burke, plaintiff was severely injured when a large tree branch fell on her head and shoulder. Plaintiff subsequently commenced this action against the Town and the Burke Volunteer Fire Department and both moved thereafter for summary judgment dismissing the complaint.…