Jagroop v. Ramdhanny

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

On the evening of December 27, 2011, plaintiff’s car, while parked in the driveway or yard directly in front of plaintiff’s mother’s house, was damaged by a branch or branches which fell from a tree, the trunk of which stood behind a fence in the yard of the adjoining premises. In January 2012, plaintiff com*117menced this small claims action against defendant Sharmila Ramdhanny, who owned the adjoining premises, seeking to recover the principal sum of $1,816.18 for damage caused by the falling branch. Upon…