Scott Goldman filed suit after a storm caused a tree on Gerelda Severe's property to fall onto his chain link fence.
Although Goldman claimed the tree was in a deteriorated state prior to the tempest, the Justice Court of the Town of Ramapo (Rockland County) opted to dismiss the case.
Since he failed to show that his neighbor knew, or should have known, that the tree posed a danger, the Appellate Term, Second Department, agreed that the lady wasn't liable for any damage.
Was that too Severe?
To view a copy of the Appellate Term's decision, please use this link: Goldman v Severe