Legal Opinion
Sleezer v. Zap
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2011PublishedCited by 6 opinions
1Opinion of the CourtMcCarthy, J.
As plaintiff was driving on a public highway, two large limbs from a tree located on defendant’s property fell and struck plaintiff’s vehicle, causing him injuries. He commenced this negligence action against defendant for failing to maintain the tree or remedy its allegedly defective condition. Defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion, prompting defendant’s appeal.
Defendant owed a duty to travelers on the adjacent highway to maintain her property in a reasonably safe condition (see Newman v City of Glens Falls, 256 AD2d 1012, 1012-1013…
2Cases cited5 opinions
- Ivancic v. OlmsteadNew York Court of Appeals · 1985
- Pulgarin v. DemonteverdeAppellate Division of the Supreme Court of the State of New York · 2009
- Babcock v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2011
- Lillis v. WessolockAppellate Division of the Supreme Court of the State of New York · 2008
- Newman v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Keating v. Town of BurkeAppellate Division of the Supreme Court of the State of New York · 2013
- Sasso v. Village of BronxvilleAppellate Division of the Supreme Court of the State of New York · 2022
- Cicio v. PollackAppellate Terms of the Supreme Court of New York · 2016
- Jagroop v. RamdhannyAppellate Terms of the Supreme Court of New York · 2016
- Keating v. Town of BurkeAppellate Division of the Supreme Court of the State of New York · 2013
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