Appellate Division of the Supreme Court of the State of New York December 18, 1997 (Morey v. Security Mutual Insurance)

Crew III, J.

Appeal from a judgment of the Supreme Court (Dier, J.), entered July 10, 1996 in Warren County, upon a decision of the court in favor of plaintiff.

Plaintiff is the owner of certain real property located in the Town of Queensbury, Warren County. On December 5, 1993, a tree fell on a garage located on plaintiff’s property causing *853damage to the structure.