From Casetext: Smarter Legal Research

Claudio v. Incorporated Village of Patchogue

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 385 (N.Y. App. Div. 1997)

Opinion

January 13, 1997.

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated February 22, 1996, which denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Before: Miller, J. P., Ritter, Sullivan, Friedmann and Krausman, JJ.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff alleged that she was injured when she tripped over a tree root and fell on the sidewalk in the Village of Patchogue. The plaintiffs, however, failed to allege compliance with the Village's ordinance requiring prior written notice. In addition, the conduct ascribed to the Village, planting the tree and subsequently failing to prune or uproot it, does not constitute affirmative negligence. Under these circumstances, the Supreme Court should have dismissed the complaint ( see, Monteleone v Incorporated Vil. of Floral Park, 74 NY2d 917; Parella v Levin, 111 AD2d 750).


Summaries of

Claudio v. Incorporated Village of Patchogue

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 385 (N.Y. App. Div. 1997)
Case details for

Claudio v. Incorporated Village of Patchogue

Case Details

Full title:DEBORAH A. CLAUDIO et al., Respondents, v. INCORPORATED VILLAGE OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 13, 1997

Citations

235 A.D.2d 385 (N.Y. App. Div. 1997)
652 N.Y.S.2d 76

Citing Cases

Sachs v. County of Nassau

This is true even where the municipality planted the tree. Claudio v. Village of Patchogue, 235 AD2d (2nd…