In cases involving fallen trees, a property owner will only be held liable for a tree that falls outside of its premises and injures another if it knew or should have known of the defective condition of the tree. In order to constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit the defendant to discover and remedy it.
Whitney v. Lawson, NY Slip Op 03332 (2d Dep't May 27, 2026)
