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Hello,
Our building recently went through a lawsuit (slip and fall) resulting in a costly settlement. The Case took over 8 years. Building was put through the mill with numerous subpoenas and hours of testimony, releasing of records, etc.
The tree was planted by the City over 10 years ago to beautify the neighborhood. I have never seen the tree maintained by the City- in storms branches fall, pit erodes, etc.
The courts found our building solely liable. I find this unbelievable.
Our building just cant afford to maintain the tree. It's bankrupting the building. We cannot afford to be solely liable for a tree shared by many buildings and businesses on the block.
What can our building do? How do we release the building from this liability? We would like the tree removed and the sidewalk replaced.
Thank you.
Putting your unfortunate and understandably expensive lawsuit aside... If its a 10 year old tree and the building cannot afford to maintain it, which involves cleaning the pit, occasionally pruning it and sweeping he leaves in the fall; I don't mean to sound harsh, but the building may have more significant problems than the tree itself.
On the flip side.. If the tree were damaged by an accident or unintentional issue, or diseased, or dead from, say some kid driving a nail into it or something, you would be permitted to remove it. .. I wouldn't condone doing anything, but that's just something I heard...
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Explain your problem when you call 311 they will give you information or you can file a complaint. 311 will also upon your request will give you the right area to call or contact. Best of luck.
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