New York Court of Appeals

Thomas J. Monteleone

November 28, 198974 N.Y.2d 917

Summary

The New York Court of Appeals affirmed the dismissal of a negligence action, holding that a low‑lying tree branch constitutes an "obstructed condition" under the village's prior notice statute and that the village's failure to prune the tree is nonfeasance, not affirmative negligence, so the statute bars liability.