Fifty-Hour Pro Bono Requirement Research Assignment: Neighboring Tree Damage

Summary

The Erie County Bar Association Volunteer Lawyers Project (VLP) is a civil legal services program coordinating direct representation by pro bono and staff attorneys. VLP is seeking an individual completing New York’s 50-hour pro bono requirement to research New York case law concerning neighboring tree damage and prepare an objective Legal Memorandum addressing available monetary and equitable relief, tree removal, and distinctions between root and branch damage.

Responsibilities

• VLP has a client in the City of Buffalo, NY whose home sits directly on or very close to the property line. A large, mature tree on the neighboring property is located immediately adjacent to the client's home and is causing damage to the siding, roof, gutters, and foundation. The client believes the damage cannot be fully remedied unless the tree is removed
• Please do not stop at the general rule that a landowner is ordinarily not liable for damage caused by a naturally occurring tree. A basic legal or AI search may produce that answer, but we are specifically looking for the exceptions, factual distinctions, and nuances in New York case law
• Specifically, we are seeking an objective analysis (not a persuasive argument) of New York law concerning the following questions:
• What relief (monetary, equitable), if any, is available for the damage to the siding and roof of the house?
• What relief (monetary, equitable), if any, is available for the damage caused to the house foundation due to the roots of the tree?
• Can the neighboring homeowner be compelled to remove the tree even though it is their property because our client cannot be made whole unless the tree actually is removed? On this topic, we are looking for research on both monetary and equitable relief (i.e. this matter will not be brough in small claims court)
• Are there cases that distinguish between root damage and damages from branches?
• The above questions should be briefed and submitted as a Legal Memorandum

Skills

• Individuals seeking to fulfill the 50-hour pro bono service requirement for admission to the New York State Bar
• The Erie County Bar Association Volunteer Lawyers Project (VLP) is accepting applications from individuals seeking to fulfill the 50-hour pro bono service requirement for admission to the New York State Bar
• Access to Lexis or Westlaw
• The use of Artificial Intelligence is strictly prohibited for this research assignment

Qualifications

Must Haves

• individuals seeking to fulfill the 50-hour pro bono service requirement for admission to the New York State Bar
• The Erie County Bar Association Volunteer Lawyers Project (VLP) is accepting applications from individuals seeking to fulfill the 50-hour pro bono service requirement for admission to the New York State Bar
• Access to Lexis or Westlaw
• The use of Artificial Intelligence is strictly prohibited for this research assignment

Benefits

• This assignment may be completed remotely.