Hirschler v. Anco Builders, Inc.

—Order unanimously affirmed, without costs. Memorandum: Plaintiff commenced this action for personal injuries sustained by the infant plaintiff when a dead tree fell on him while he was bicycling on defendant’s property. Upon defendant’s motion for summary judgment, the court correctly dismissed the first two causes of action for negligence and nuisance and properly refused to dismiss the fourth cause of action alleging defendant’s willful or malicious failure to guard or warn against a dangerous condition on its property. General Obligations Law § 9-103 immunizes owners of "relatively…