Legal Question in Real Estate Law in New York

Recently hit with hurricane irene. neighbors tree fell into my yard. Called my homeowners ins. was told that i am responsible for removal of tree. it flatened my shed and 18x4 pool coming to rest on my garage. i have about 2/3 of the huge tree in my backyard. 500 deductible on insurance 500 cap on removal. cost to remove is 1,000. i can claim other losses on pool shed and contents. Is my neighbor responsible for any damages? not only do i have the tree in my yard but the rest of it is in another neighbors yard as well. The owner has the huge root ball and maby 5 feet of it in his yard.

Asked on 9/01/11, 4:46 pm

Michael Markowitz Michael A. Markowitz, PC

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Q. Is my neighbor responsible for any damages?

A. Unless the neighbor was placed on notice that the tree was sick, rotting or about to fall, the answer would be no.

Mike.

Answered on 9/02/11, 5:36 am

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