Operator of street paving truck brought action against town and homeowners’ association, seeking damages for injuries he sustained when low-hanging tree branch struck his head. Defendants moved for summary judgment. The Supreme Court, Suffolk County, granted motions. Operator appealed.
The Supreme Court, Appellate Division, held that:
- Genuine issue of material fact existed as to whether town had actual or constructive notice of low-hanging tree branches, and
- Homeowners’ association did not have actual or constructive notice of defect, and thus was not liable.
A municipality has a duty to maintain its roadways in a reasonably safe condition, and this duty extends to trees adjacent to the road which could pose a danger to travelers. However, the municipality will not be held liable unless it had actual or constructive notice of the dangerous condition.