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.