Legal Question in Real Estate Law in New York

This is a difficult question to provide a simple answer. The general rule on liability in these instances is whether or not the tree owner was negligent in maintenance of the tree. Negligence is fact based and may even require expert testimony. How and why did the limb fall off the tree? Was this actually caused by a weather condition or was the tree dead and unattended to? What is the condition of the remaining tree and its limbs? While most insurance companies blame these instances on "acts of god", to avoid liability, this might not have been the case. You have created a situation for claiming future negligence in his not attending to the tree maintenance, by sending him a certified letter (I presume it was sent return receipt requested, and you have the returned receipt so you can prove notice). However, you might have to go further and have an arborist examine the tree and render an opinion on the status of its health to show its condition and to substantiate a future claim. If the tree is dead or dying, I suggest a second letter to the neighbor informing him of its condition and the risk involved. Lastly, be sure he is solely responsible, as this requires a showing that the tree itself is entirely on his property. If the tree (not just its roots) has any portion on the property line between your houses, you may have some responsibility also. Check your survey to be sure.