Golan v. Astuto

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated June 11, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff sustained injuries to his face when he attempted to saw a branch of a tree that had fallen onto his property from the defendants’ adjoining property. Where, as here, there is no evidence that the tree was defective or that the defendants had actual or constructive notice of any…