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Sunday, April 24, 2016

EDWARD J. SCANNAVINO VS. MARIE WALSH AND EVERETT WALSH A-0033-14

EDWARD J. SCANNAVINO VS. MARIE WALSH AND EVERETT WALSH 
A-0033-14T1 
Plaintiff sued his neighbors, alleging that the wall between their properties had been damaged by the roots of trees growing in defendants' yard. The Supreme Court has stated that nuisance claims are governed by the Restatement (Second) of Torts. Under the Restatement (Second) of Torts, a possessor of land is not liable for physical harm caused outside of the land by a natural condition. Here, the trees were a natural condition, because they had not been planted or preserved by defendants. Defendants' cutting back the trees did not create liability, because there was no evidence that it was an affirmative action taken to preserve the trees, or that it improved the health or growth of the trees or their roots. As an intermediate appellate court, the Appellate Division declined plaintiff's invitation to adopt the Restatement (Third) of Torts. 

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