Babcock v. County of Albany
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the Supreme Court (Mc-Donough, J.), entered July 16, 2010 in Albany County, which denied a motion by defendant Robert J. McDonald for summary judgment dismissing the complaint against him.
In July 2005, while plaintiff was riding a motorcycle on Route 144 in the Town of Coeymans, Albany County, a massive tree limb fell onto the road and injured plaintiff. The tree from which the limb fell was located on property owned by defendant Robert J. McDonald (hereinafter defendant). Plaintiff commenced this action alleging, among other things, that defendant was negligent in the…
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