Jacqueline Galindo v. Town…

Summary

The New York Court of Appeals affirmed summary judgment for Richard Clark, holding that he owed no duty to warn the decedent of a dangerous tree on neighboring town property. The Court reasoned that a landowner has no duty to warn of hazards on premises they do not own or control unless they created the condition. Chief Judge Kaye dissented, arguing that Clark’s knowledge of the risk created a duty to warn. The dissent would have remanded for trial.