Westrick v. County of Steuben

Appeal from an order of Supreme Court, Steuben County (Latham, J.), entered September 11, 2002, which granted defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when a limb fell from a tree and struck him while he was walking on a sidewalk adjacent to defendant’s property. Both the tree and sidewalk where plaintiff was walking were located on property owned by the Village of…