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Lahowin v. Ganley

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 530 (N.Y. App. Div. 1999)

Opinion

Submitted September 17, 1999

October 28, 1999

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Lockman, J.).


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

The plaintiff Joan Lahowin was injured when a tree on the defendants' property blew over and fell onto the car that she was operating. In support of their motion for summary judgment, the defendants made a prima facie showing that there was no readily-observable manifestation of decay, and thus that they could not be charged with either actual or constructive notice of the defective condition of the tree. Without such notice, there can be no liability (see, Ivancic v. Olmstead, 66 N.Y.2d 349 ; Golan v. Astuto, 242 A.D.2d 669 ). The affidavit of the plaintiffs' expert in opposition to the motion was insufficient to raise a triable issue of fact, as it was based on speculation and surmise. As a result, the defendants are entitled to summary judgment dismissing the complaint.

JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.


Summaries of

Lahowin v. Ganley

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 530 (N.Y. App. Div. 1999)
Case details for

Lahowin v. Ganley

Case Details

Full title:JOAN LAHOWIN, et al., respondents, v. ROBERT GANLEY, et al., appellants

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 530 (N.Y. App. Div. 1999)
696 N.Y.S.2d 241

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