Opinion
September 29, 1997
Appeal from the Supreme Court, Richmond County (Mastro, J.).
Ordered that the order is affirmed, with costs.
The plaintiff sustained injuries to his face when he attempted to saw a branch of a tree that had fallen onto his property from the defendants' adjoining property. Where, as here, there is no evidence that the tree was defective or that the defendants had actual or constructive notice of any defective condition in the tree before it fell, the defendants did not have a duty to take reasonable steps to prevent any potential harm that may have occurred to the plaintiff on his property as a result of the tree falling on his property ( see, Ivancic v. Olmstead, 66 N.Y.2d 349, 350-351, cert denied 476 U.S. 1117; Harris v. Village of E. Hills, 41 N.Y.2d 446, 449).
Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.