Adjacent Property Owner Not Liable Where Plaintiff Struck By Falling Tree Branch

In Rivers v. City of New York, the plaintiff was injured when a large tree branch fell and struck her on the head while walking along a public sidewalk. In granting the adjacent property owner’s motion for summary judgment, the court acknowledged that the law imposes a duty to maintain ones property free and clear of dangerous or defective conditions, but held that the property owner demonstrated that they neither owned the tree nor exercised any control over it.

Thanks to Bill Kirrane for his contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2009/2009_05102.htm