Bandier v. Tim Blenk Tree Care, Inc.

The plaintiff owns an estate in Southampton which is bordered by tall privet hedges and round privet bushes. In February 2004 the defendant entered into a plant management contract to maintain the plaintiff’s estate. Under the terms of the contract, the defendant was required to have a trained diagnostician periodically visit the plaintiffs estate in order to inspect trees and shrubs for insect and disease activity, treat controllable insect and disease problems, and make recommendations for additional services that might increase the vigor of the plants. During the summer of 2004, while the…