Warren v. New York Telephone Co.

—Order and judgment insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Niagara Mohawk Power Corporation dismissed. Memorandum: Plaintiff sustained injuries when the vehicle she was driving left the roadway, struck a tree stump and overturned. The complaint alleges, inter alia, that Niagara Mohawk Power Corporation (defendant) negligently cut trees along the road under its power lines so that the stumps remained, thereby creating a dangerous condition. The stump struck by plaintiffs vehicle was 8.7 feet from the paved roadway.

D…